Meeting No. 11

1) That the report dated June 1, 2009 entitled “2008 Hedging Contract Results” be received; and,

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

CARRIED

(3) 2009 UNIONVILLE
BUSINESS IMPROVEMENT AREA
OPERATING BUDGET (7.4 & 3.12)

Report 1 2

1) That the report entitled “2009 Unionville B.I.A. Operating Budget” dated May 25, 2009 be received; and,

2) That the 2009 Operating Budget in the amount of $225,992 for the Unionville B.I.A. be approved; and,

3) That the Special Tax Rate levy, in the amount of $199,500, for the Unionville B.I.A. members be included in the 2009 Tax Levy By-law; and,

4) That Staff provide recommendations to the General Committee in the Fall, 2009 with respect to detailed line budgets and regular financial reporting for the Town’s Business Improvement Areas; and further,

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

CARRIED

(4) ACCESSIBILITY CUSTOMER SERVICE
POLICY: ONTARIO REGULATION 429/07 (2.1)

Report and Policy

1) That the report dated June 1, 2009 “Accessible Customer Service Policy, Ontario Regulation 429/07” be received; and,

2) That Council approve the “Accessible Customer Service Policy” (Attachment 1); and,

3) That Staff be authorized and directed to do all things necessary to implement the actions set out in this report.

CARRIED

6(b) REPORT NO. 47 - GENERAL COMMITTEE (June 15, 2009)

Council consented to separate Item No. (6).

Moved by Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

That Report No. 47 - General Committee comprised of 7 items be received and adopted, except Item No. (6). (See following Item No. 6)

(1) MARKHAM STOUFFVILLE HOSPITAL
COMMENTS/ REVIEW OF THE
GROWING COMMUNITIES
HEALTH CARE ALLIANCE RESOLUTION (3.8)

Resolution Presentation

Whereas Ontarians believe in the principle of fairness; that fairness defines who we are and how we live; and,

Whereas the high growth communities in Ontario grow at more than twice the rate of the provincial population growth rate and are aging at twice the provincial rate; and,

Whereas population growth in these regions will further intensify due to Ontario’s 25-year growth plan, Places to Grow; and,

Whereas as of 2008/09 Ontarian’s residing in the Local Health Integration Networks (LHINs) with high growth communities are receiving $255 less per resident in provincial funding for local hospital services compared to residents in other LHINs in Ontario, which translates into a $1.4 billion annual operating funding gap for local hospital services – and these provincial funding gaps are worsening each year; and,

Whereas residents of the Town of Markham as part of the Central-LHIN are receiving $226 less per resident in provincial funding for local hospital services compared to the average Ontarian, which translates into a $228 million annual operating funding gap for local hospital services; and,

Whereas Ontarians living in high growth communities of the GTA/905 are receiving $193 less per resident for provincially funded local social services when compared to the average Ontarian, which translates into a $641.9 million annual operating funding gap for local provincially funded social services – and these provincial funding inequities also worsening each year; and,

Whereas the Government of Ontario has acknowledged the growing funding gaps for hospital services in high growth communities by committing during the 2007 provincial election to provide $100 million in additional annual operating funding to high growth hospitals; and,

Whereas the provision of $30 million in hospital growth funding for 2008/09 still meant that the provincial funding gap for hospital care continued to widen in high growth communities; and,

Whereas the Government of Ontario has announced that it is developing and will implement a new Health Based Allocation Model (HBAM) to allocate new health care resources to Local Health Integration Networks based on patient care needs and to address health care funding inequities in Ontario; and,

Whereas the Government of Ontario has successfully secured from the federal government greater fairness for Ontario resulting in additional funding for Ontario through the Canada Health Transfer; and,

Now therefore be it resolved:

1) That the Provincial Government speed up implementation of the $100m hospital growth funding commitment ensuring that growth funding is targeted to high growth hospitals and provide growth funding for social services; and,

2) That the Provincial Government quickly implement “Health Based Allocation Model” (HBAM) i.e., population-needs-based funding for provincial hospital and health care services and develop a population-needs based funding formula for social services; and,

3) That the Provincial Government develop a health care and social services growth plan for Ontario high growth communities to complement Places to Grow; and further,

4) That this resolution is forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPPs for York Region, High Growth Communities Mayors and Chairs, and the Central LHIN.

CARRIED

(2) DEVELOPMENT CHARGES UPDATE
(SOFT SERVICES ) (7.0)

Presentation

1) That the presentation by Ms. B. Cribbett, Treasurer, entitled “Development Charges Update (Soft Services)” be received; and,

2) That the presentation by Mr. R. Grimes on behalf of IBI Group be received; and further,

3) That the development charge rates included in the final background study and by-law be effective on the date of Council approval.

CARRIED

(3) APPOINTMENTS, RESIGNATIONS
- ADVISORY COMMITTEES (16.24)

1) That the following persons be appointed to the Animal Care Committee for the term ending November 30, 2010 or until the replacement of a successor by the 2010-2014 Council:

Annabel Musson

Tara Sermer

Susan Wong

CARRIED

(4) DEVELOPMENT CHARGES INDEXING (7.11)
- JULY 1, 2009

1) That the report entitled “Development Charges Indexing – July 1, 2009” be received; and,

2) That Council approve a reduction in development charges of 3.06% effective July 1, 2009 for Area Specific and Town Wide Hard services (under the 2008 Development Charge by-laws); and,

3) That Council approve a reduction of 3.06% in the Town Wide Soft development charges (enacted under the 2004 Development Charge by-law No. 2004 -223), effective July 1, 2009, if this by-law continues to be in force on this date; and,

4) That Council approve a reduction of 1.63% in the Town Wide Soft development charges (enacted under the 2009 Development Charge by-law) effective on or after July 1, 2009, following the enactment of the by-law; and further,

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

CARRIED

(5) AWARD OF TENDER 159-T-09
CENTENNIAL COMMUNITY CENTRE
POOL RENOVATION (7.12.3)

1) That the report entitled “Award of Tender 159-T-09 Centennial Community Centre Pool Renovation” be received; and,

2) That the contract for 159-T-09 Centennial Community Centre Pool Renovation be awarded to BWK Construction Company Ltd, the lowest priced bidder in the amount of $405,300.00 inclusive of PST and exclusive of GST; and,

3) That a separate purchase order in the amount of $40,530.00 exclusive of GST be issued for contingency to cover any additional fees and that the Director of Recreation be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,

4) That the award be funded from the 2008 Recreation Department Capital Project 500-101-5399-8074 Centennial CC – Pool Acoustical Material Replacement in the amount of $387,933.96; and,

5) That the shortfall be funded from account 500-101-5399-8077 Centennial CC - Rink seating replacement in the amount of $57,896.00; and further,

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

CARRIED

(6) CN BRIDGE OVERPASS
MESSAGING (5.13, & 3.12)

Report 1-signs 2 3 By-law

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

1) That Markham’s participation in CN’s National Bridge Messaging program be approved for a trial period of 2 years; and,

2) That Council approve, in principle, the recommended approach to the Town of Markham messaging (Attachment 1 to the staff report dated June 2, 2009) to be installed free of charge on the following 2 CN bridges in the Town of Markham on an annual basis:

- Kennedy Road south of the 407

- 14 Avenue and Markham Road; and,

3) That Council approve, in principle, the recommended approach to community messages to be sponsored by corporate organizations (Attachment 2 to the staff report dated June 2, 2009) and installed on the reverse side of each of the 2 CN bridges in the Town of Markham; and,

4) That Council approve an exemption to the Sign By-Law (2002-294) to permit the CN Bridge messaging during the 2 year trial period; and further,

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

(By-law 2009-90)

CARRIED BY A RECORDED VOTE (7:5)

(See following recorded vote) (7:5)

(See following proposed motion which was lost by a recorded vote) (6:6)

(See following recorded vote) (6:6)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Councillor J. Virgilio, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (7)

NAYS: Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster. (5)

The following proposed motion was lost by a recorded vote of 6:6:

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor J. Heath

1) That Markham’s participation in CN’s National Bridge Messaging program be approved for a trial period of 2 years; and,

2) That Council approve, in principle, the recommended approach to the Town of Markham messaging (Attachment 1) to be installed free of charge on 6 CN bridges in the Town of Markham on an annual basis (excludes CN bridge at Henderson Avenue, north of Steeles Avenue); and,

3) That Council approve, in principle, the recommended approach to community messages to be sponsored by corporate organizations (Attachment 2) and installed on the reverse side of each of the 6 CN bridges in the Town of Markham; and,

4) That Council approve an exemption to the Sign By-Law (2002-294) to permit the CN Bridge messaging during the 2 year trial period (Attachment 4); and further,

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

LOST

(See following recorded vote) (6:6)

YEAS: Deputy Mayor J. Heath, Regional Councillor J. Jones, Councillor J. Virgilio, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (6)

NAYS: Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster. (6)

(7) MAINTENANCE BUILDINGS & PUBLIC
WASHROOMS IN COMMUNITY PARKS (5.0)

Report 1

1) That the report entitled ‘Maintenance Buildings & Public Washrooms in Community Parks’ be received; and,

2) That the “Policy on Satellite Park Maintenance Buildings in Community Parks (with Public Washrooms as appropriate)” identified in this report be approved; and,

3) That the “Policy on Public Washrooms in Community Parks” identified in this report be approved; and,

3) That the Manager of Parks and Open Space Development be authorized to proceed with the design and construction of the following approved Capital Projects in accordance with the policies noted herein:

- 81-5350-6644-005 – Berczy Community Park Pavilion and Maintenance Building;

- 81-5350-8221-005 – Mount Joy Pedestrian Bridge and Maintenance Building, and;

- 81-5350-7628-005 – Villages of Fairtree Washroom Building

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

CARRIED

6(c) REPORT NO. 48 - DEVELOPMENT SERVICES COMMITTEE (June 16, 2009)

Council consented to separate Items (2), (6), (7) and (11).

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 48 - Development Services Committee comprised of 11 items be received and adopted. (See following Items (2), (6), (7) and (9)

(1)        COMMERCIAL FAÇADE IMPROVEMENT
            GRANT PROGRAM FOR
            HERITAGE DISTRICTS 2009 (16.11, 7.6)

1) That the staff report entitled “Commercial Façade Improvement Grant Program for Heritage Districts 2009” be received; and,

2) That the applications for the Commercial Façade Improvement Grant Program be approved provided that the applicants comply with the eligibility requirements of the program; and,

3) That the requested grant of $2,388.75 to install a new ground sign in front of 71 Markham Main St. N. conforming to the provisions for Special Sign Districts contained in the Sign By-law be approved subject to the applicant obtaining the necessary approvals and entering into a Grant Agreement with the Town; and,

4) That the requested grant of $3,953.00 to replace the existing palladian window at 7 Washington St. be approved subject to the design being revised to replicate the original outline and details of the original window as seen in an archival photograph, and the applicant obtaining the necessary approvals and entering into a Grant Agreement with the Town; and,

5) That the maximum grant for non-heritage buildings of $10,000.00 be approved to fund storefront improvements to 170 Main St. Unionville subject to the applicant obtaining the necessary approvals and entering into a Grant Agreement with the Town; and,

6) That the maximum grant for non-heritage buildings of $10,000.00 be approved to fund storefront improvements to 4496 Highway 7, Unionville subject to the applicant removing illegal window signage, painting the stucco cladding in an approved heritage colour, removing the existing fluorescent light fixtures from the top edge of the roof to install more appropriate gooseneck lighting, installing awnings on the storefront windows, obtaining the necessary approvals, and entering into a Grant Agreement with the Town; and,

7) That Council authorizes the Mayor and Clerk to enter into Façade Easement Agreements with the owners of 170 Main St. and 4496 Highway 7 Unionville and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor; and,

8) That Council agrees to waive the eligibility criteria pertaining to the timing of the initiation of the following projects: the sign for 71 Main St. N. and 170 Main St. Unionville; and,

9) That the grants be funded through the Development Services Planning Capital Project 6633 (Heritage Façade Improvement/Replacement Program); and further,

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

(By-law 2009-91)

CARRIED

(2)        REQUEST FOR DEMOLITION
            60 ROUGE STREET, MARKHAM
            (FILE: 09 115007) (16.11.3)

1) That Council deny the application for demolition of the dwelling at 60 Rouge Street located within the Markham Village Heritage Conservation District; and,

2) 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)

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Webster

That Council deny the application for demolition of the dwelling at 60 Rouge Street located within the Markham Village Heritage Conservation District.

CARRIED

(3) BENTLEY STREET AT AMBER STREET
PARKING PROHIBITION (5.12.4)

1) That the report entitled “Bentley Street at Amber Street Parking Prohibition”, be received; and,

2) That Schedule “C” of Traffic By-law 2005-188 be amended to prohibit parking on both sides of Bentley Street, from a point 40 metres west of Amber Street to a point 40 metres east of Amber Street; and,

3) That Schedule “C” of Traffic By-law 2005-188 be amended to prohibit parking on both sides of Amber Street, from Bentley Street to a point 40 metres south thereof; and,

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

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

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

(By-law 2009-92)

CARRIED

(4) 16^TH AVENUE AT CACHET WOODS COURT
TRAFFIC CONTROL SIGNALS (5.12.1)

Report Maps Appendix A Appendix B Appendix C

1) That the report entitled “16^th Avenue at Cachet Woods Court Traffic Control Signals” be received; and,

2) That the York Region Transportation and Works Department be requested to install permanent traffic control signals at the subject location, at a cost of $120,000, funded through the Town of Markham Engineering Department account #083-5350-8472-005; and,

3) That the York Region Transportation and Works Department reimburse the Town the full cost of the traffic signal installation upon the intersection meeting the technical warrants for traffic signals; and,

4) That the York Region Transportation and Works Department be directed to maintain the traffic signals at a cost of $4,000 per year, funded through the Town of Markham Operations Department operating budget account #700-505-5308, until such time that the intersection meets technical warrants for traffic signals; and,

5) That subject to installation, the Operations Department traffic signal operating budget account #700-505-5308 be increased by $4,000 starting in 2010 to cover the cost of maintenance until such time as the Region of York assumes full responsibility for maintenance; and further,

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

CARRIED

(5) TOWN OF MARKHAM STREETSCAPE MANUAL (10.0)

Report Appendix A

1) That the Town of Markham Streetscape Manual, dated June 2009, be received and endorsed; and,

2) That the design guidelines, technical guidelines, technical details and selected species list included in the Streetscape Manual be used in the evaluation of development applications and rights-of-way tree planting within the Town; and,

3) That the Streetscape Manual be integrated and coordinated with other Town policies, regulations, and design guidelines as appropriate; and,

4) That staff continue to inform and educate staff, developers, consultants and residents on the application of the Streetscape Manual; and,

5) That staff may revise the Streetscape Manual from time to time as necessary; and further,

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

CARRIED

(6)        ENVIRONMENTAL POLICY REVIEW AND
            CONSOLIDATION STUDY
            FINAL REPORT AND RECOMMENDATIONS (5.7)

1) That the correspondence from Mr. Stephen Wong, President, The Mandarin Golf and Country Club, Mr. Allan Leibel, Goodmans and Mr. Jim Robb, be received; and,

2) That the staff report entitled Environmental Policy Review and Consolidation Study Final Report and Recommendations, dated June 16, 2009 be received; and,

3) That the Environmental Policy Review and Consolidation Final Report and Policy Framework be endorsed in principle as the basis and framework for finalizing the Greenway System and policy directions to be included in the Town’s Growth Management Strategy for implementation through the Town’s new Official Plan Review; and,

4) That Staff continue to work with stakeholders to confirm natural heritage and hydrologic features through the Official Plan Review including potential site visits where warranted, subject to the costs for any necessary participation of the Town’s consultants for this level of detailed site specific review to be the responsibility of the landowner; and further,

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

CARRIED

(7)        APPLICATIONS BY TIMES GROUP CORPORATION
            FOR ZONING BY-LAW AMENDMENT TO PERMIT
            744 APARTMENT UNITS AND 48 TOWNHOUSE UNITS
            (TOTAL 792 UNITS) AND SITE PLAN APPROVAL FOR
            432 APARTMENT UNITS AND 24 TOWNHOUSE UNITS
            (TOTAL 456 UNITS – PHASE 1) ON BLOCKS 49 AND 50 PLAN 65M-3226
            IN THE LEITCHCROFT COMMUNITY
            (ZA 08 129082 AND SC 07127148) (10.5, 10.6)

1) That the report dated June 16, 2009, entitled: “Recommendation Report: Applications by Times Group Corporation for Zoning By-law Amendment to permit 744 apartment units and 48 townhouse units (total 792 units) and Site Plan Approval for 432 apartment units and 24 Townhouse units (total 456 units – Phase 1) on part of Block 49 and Block 50 Plan 65M-3226 in the Leitchcroft Community (Files ZA 08 129082 and SC 07127148)” be received; and,

2) That Zoning By-law Amendment application (ZA 08 116428) to amend By-law 177-96, as amended, submitted by Times Group Corporation to permit 744 apartment units and 48 townhouse units (total 792 units) on part of Block 49 and Block 50 Plan 65M-3226, be approved and the draft Zoning By-law Amendment attached as Appendix B to this report be finalized and enacted; and,

3) That the application for site plan approval submitted by Times Group Corporation (file SC 07 127148) to permit 432 apartment units and 24 townhouse units (total 456 units – Phase 1) on part of Block 49 Plan 65M-3226 in the Leitchcroft Community be endorsed in principle, subject to the conditions set out in Appendix A, amended as follows attached to this report; and,

· That consideration be made with respect to the bird friendly guidelines (FLAP); and,

4) That the Owner agrees not to commence site servicing or construction activity during the nesting season of the Killdeer bird species which currently occupies the site, and to seek the input of Toronto Wildlife Centre and Toronto and Region Conservation Authority in determining the timing of the nesting season and any other appropriate mitigation measures; and,

5) That the owner enter into an agreement not to pre-sell dwelling units in the Phase II portion of the development, until servicing allocation has been granted to this phase; and,

6) 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,

7) That Part 5 of the draft reference plan attached as Appendix ‘C’ to this report be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council Meeting on June 23, 2009; and,

8) That a by-law be enacted at a future Council meeting authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents for the completion of the above conveyances in a form satisfactory to the Chief Administrative Officer and the Town Solicitor; and further,

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

(By-law 2009-93)

CARRIED

(8)        AMBER PLAIN INVESTMENT LTD.
            EAST OF MCCOWAN ROAD,
            NORTH AND SOUTH OF BUR OAK AVENUE
            WISMER COMMONS COMMUNITY
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            APPROVAL AND IMPLEMENTING ZONING BY-LAW AMENDMENTS
            (SU 02 110218 (19TM-02003 – PHASE 4) AND ZA 08 115916) (10.7, 10.5)

Amber Attachment

1) That the report entitled “Recommendation Report, Amber Plain Investment Ltd., East of McCowan Road, north and south of Bur Oak Avenue, Wismer Commons Community, Applications for Draft Plan of Subdivision Approval and Implementing Zoning By-law Amendments, SU 02 110218 (19TM-02003 – Phase 4) and ZA 08 115916”, dated June 16, 2009 be received; and,

2) That draft plan of subdivision 19TM-02003 - Phase 4 submitted by Amber Plain Investments Ltd., be draft approved subject to the conditions outlined in Appendix ‘A’; and,

3) That the application submitted by Amber Plain Investments Ltd. to amend Zoning By-laws 304-87 and 177-76, as amended, be approved and the draft by-laws attached as Appendices ‘B’ and ‘C’, be finalized and enacted without further notice; and,

4) That servicing allocation for 126 units (424 pop.) be granted to plan of subdivision 19TM-02003 - Phase 4A from the total allocation for the Wismer Commons Community, assigned in accordance with the February 12, 2008 and May 19, 2009 staff reports on servicing allocation; and,

5) That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02003 (Phase 4A - 126 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase 4A lands, until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will be within twelve (12) months; and,

6) That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02003 (Phase 4B - 245 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase 4B lands, until:

i. York Region has advised in writing that the expected completion of the Southeast Collector Sewer will be within twelve (12) months;

ii. The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the lands; and

iii. The Trustee for the Wismer Commons Developers’ Group Cost Sharing Agreement has assigned 245 units of conditional servicing (water and sewer) allocation to the Owner; and,

7) That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,

8) That the Region of York be advised of the servicing allocation for this development; and,

9) That the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law 2008-257); and further,

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

CARRIED

(9)        APPLICATION FOR ZONING BY-LAW AMENDMENT
            AND DRAFT PLAN OF SUBDIVISION APPROVAL
            FOR 210 SINGLE DETACHED LOTS
            10519 AND 10521 WOODBINE AVENUE
            CATHEDRAL COMMUNITY
            EMK CONSTRUCTION LTD. AND
            TREELAWN CONSTRUCTION LTD.
            (SU.06-108473 & ZA.06-108487) (10.5, 10.7)

1) That the report dated June 16, 2009, entitled “Recommendation Report: Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval for 210 single detached lots, 10519 and 10521 Woodbine Avenue - Cathedral Community - EMK Construction Ltd. and Treelawn Construction Ltd., SU.06-108473 & ZA.06-108487” be received; and,

2) That Draft Plan of Subdivision 19TM-06007 prepared by Matson, MCConnell Ltd., dated and revised March 17, 2008, be approved subject to conditions of draft plan approval set out in Appendix ‘A’ to this report; and,

3) That the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, attached to this report (Appendices B and C) be finalized and enacted once the No Presale agreements are executed between the owners and the Town; and,

4) That servicing allocation for 120 units (403.2 pop.) be granted to plan of subdivision 19TM-06007 from the total allocation for the Cathedral Community, assigned in accordance with the May 19, 2009 report on servicing allocation; and,

5) That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-06007 (Phase I, 120 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase I lands until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will be within twelve (12) months; and,

6) That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-06007 (Phase II, 102 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase II lands until:

a. i. York Region has advised in writing that the expected completion of the Southeast Collector Sewer will be within twelve (12) months;

ii. The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the lands; and,

iii. The Trustee for the Cathedral East Landowners Group Cost Sharing Agreement has assigned 102 units of conditional servicing (water and sewer) allocation to the Owner; and,

7) That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,

8) That the Region of York be advised of the servicing allocation for this development; and,

9) That the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law; and,

10) That the draft plan approval for plan of subdivision 19TM-06007 will lapse after a period of three years commencing on the date of issuance of draft plan approval, in the event that a subdivision agreement is not executed within that period; and further,

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

(By-laws 2009-94 and 2009-95)

CARRIED

(10) 2009 MARKHAM SMALL BUSINESS
ENTERPRISE CENTRE MARKETING PLAN (10.16)

1) That the report entitled "Markham Small Business Enterprise Centre Marketing Plan" be received and endorsed; and,

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

(11) MILNE DAM CONSERVATION AREA
- MULTI-USE PATHWAY (6.3)

Report Att A Att B Att C Att D Att E Att F

1) That the staff report entitled “Milne Dam Conservation Area – Multi-use Pathway, dated June 16, 2009, be received; and,

2) That the multi-use pathway alignment from McCowan Road to Milne Lane in the staff report dated June 16, 2009 be amended as follows and endorsed with further review of an in park solution between sections D and G by staff in consultation with the Toronto and Region Conservation Authority (TRCA) and that the proposed bridge noted in attachment B be eliminated as an option,

Section A - The existing pathway from McCowan Road to the works yard parking area is to be 3.0 M width except where special circumstances exist and be top dressed as required with limestone screenings.

Section B - From the works yard parking area to the existing pathway to the east of this section, a new limestone screened pathway be constructed to a width of 3 M except where special circumstances exist.

Section C - The existing limestone screened pathway to be maintained to a maximum 3 M width and that the pathway be graded and top dressed with limestone screenings as required.

Section D - From the existing pedestrian and cycling bridge located at the east end of the parking area through the gate at the Milne Creek location a new 3.0M wide limestone screened pathway be constructed.

Section E - *Deferred to permit further review of an in park solution between sections D and G by staff in consultation with the Toronto and Region Conservation Authority (TRCA) and that the proposed bridge noted in attachment B be eliminated as an option.

(*If Section E proceeds with an on road option, the pathway in the area between the opening in the fence, north to Drakefield Road, be a combination of crushed limestone and an elevated boardwalk (to the maximum extent possible) in a width appropriate to the surface type, including the following requirements:

a) That the boardwalk include railings; and,

b) That the opening in the fence be widened appropriately to the width of the path or the fence be eliminate; and,

c) That the degraded area of the existing pathway between the opening in the fence, north to Drakefield Road, be re-naturalized; and,

d) That the location of the existing bridge, between the opening in the fence, north to Drakefield Road, be re-positioned to the east of its existing position.)

Section F - Deferred to permit further review of an in park solution between sections D and G by staff in consultation with the Toronto and Region Conservation Authority (TRCA) and that the proposed bridge noted in attachment B be eliminated as an option.

Section G - A 3 metre wide pathway of crushed limestone to be constructed in the area between Willowgate Drive and the foot of Milne Lane, as consistent with the rest of the pathway, with the exception of areas that would have to be narrowed to accommodate natural features.

Section H - Endorsement of on-road cycling route. This section is to be studied in 2009/2010 as part of a separate design and approval project from Main St. Markham to Box Grove; and,

3) That staff consult with the TRCA regarding the final design for the McCowan Road to Milne Lane alignment particularly Sections E and F and report back to both Milne Working Group and Development Services Committee in Fall of 2009 with an update; and,

4) That the purchase orders for the design consultants (Chisholm, Fleming and Wardrop) be increased, in accordance with the Expenditure Control Policy, for additional work related to the design of the multi-use pathway; and,

5) That the increased purchase orders for design consultants be funded from Engineering Capital Account 083-5350-8114-005; and,

6) That sight specific signage be installed at the entrances of Milne Park and along the pathway; and,

7) That options be explored to link the multi-use pathway to the east and west; and,

8) That the Region of York be requested to construct a separate cycling and pedestrian facility in the boulevard along Highway 7 between McCowan Road and Markham Main Street – Attachment F to the staff report dated June 16, 2009 – Purple Line; and,

9) That the Town expand the signed on road cycling route using the residential road network between Milne Park and Highway 7 – Attachment F to the staff report dated June 16, 2009 – Yellow line; and,

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

MOTION AS AMENDED DEFERRED TO A SPECIAL EVENING

MEETING OF DEVELOPMENT SERVICES COMMITTEE

BY A RECORDED VOTE (8:4)

(See following motion to defer the proposed motion, as amended)

(See following motion to introduce the proposed motion)

(See following motion to amend proposed motion, adding Clause 9)

Motion to defer the proposed motion, as amended

Moved by Councillor C. Moretti

Seconded by Regional Councillor G. Landon

That the proposed motion containing Clauses 1) to 10), as amended, regarding Milne Dam Conservation Area Multi-Use Pathway be deferred to a special evening meeting of Development Services Committee.

CARRIED

(See following recorded vote) (8:4)

YEAS: Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor L. Kanapathi, Councillor A. Chiu. (8)

NAYS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Councillor J. Webster, Councillor D. Horchik. (4)

Motion to introduce the proposed motion:

Moved by Regional Councillor G. Landon

Seconded by Deputy Mayor J. Heath

That Council introduce the proposed motion regarding Milne Dam Conservation Area Multi-Use Pathway.

CARRIED

Motion to amend the proposed motion, adding Clause 9:

Moved by Deputy Mayor J. Heath

Seconded by Councillor C. Moretti

That the following be added as Clause 9) regarding Milne Dam Conservation Area Multi-Use Pathway:

"9) That the Town expand the signed on road cycling route using the residential road network between Milne Park and Highway 7 – Attachment F to the staff report dated June 16, 2009 – Yellow line;"

CARRIED

6(d) REPORT NO. 49 - DEVELOPMENT SERVICES PUBLIC MEETING
(June 16, 2009)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 49 - Development Services Public Meeting comprised of 3 items be received and adopted.

(1)        TOWN INITIATED ZONING BY-LAW AMENDMENT
            RECOGNIZING LEGAL NON-COMPLYING LOTS,
            BUILDINGS AND STRUCTURES AND THOSE RESULTING
            FROM LAND ACQUISITIONS (10.5)

Report By-law

1) That the Development Services Commission Report dated May 5, 2009 entitled “Town-Initiated Zoning By-Law Amendment Recognizing Legal non-complying Lots, Buildings and Structures and Those Resulting from land Acquisitions”, be received; and,

2) That the Record of the Public Meeting held on June 16, 2009, with respect to the proposed Town-wide Zoning By-law Amendment, be received; and,

3) That the proposal by the Town of Markham to amend By-laws 1229, 1507, 1767,1914, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81,90-81, 108-81, 193-81, 209-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended, be approved; and further,

4) That the proposed Town-wide Zoning By-law Amendment, be enacted without further notice.

(By-law 2009-96)

CARRIED

(2)        NINTH LINE DEVELOPMENTS LTD.
            AND HUMBOLD PROPERTIES LTD.
            NORTH OF CASTLEMORE AVENUE
            SOUTH AND WEST OF DONALD COUSENS PARKWAY
            GREENSBOROUGH COMMUNITY
            APPLICATION FOR ZONING BY-LAW AMENDMENTS
            (ZA 08 127255) (10.5)

1) That the report entitled “Preliminary Report, Ninth Line Developments Ltd. and Humbold Properties Ltd., North of Castlemore Avenue, south and west of Donald Cousens Parkway, Greensborough Community, Application for zoning by-law amendments, File No.: ZA 08 127255”, dated April 21, 2009 be received; and,

2) That the Record of the Public Meeting held on June 16, 2009, with respect to the proposed amendments to Zoning By-laws 177-96, as amended, and 304-87, as amended, be received; and,

3) That the application by Ninth Line Developments Ltd. and Humbold Properties Ltd to amend Zoning By-laws 177-96, as amended, and 304-87, as amended, be approved; and further,

4) That the proposed amendments to Zoning By-laws 177-96, as amended, and 304-87, as amended, be finalized and enacted without further notice.

CARRIED

(3)        LASSETER DEVELOPMENT INC.
            SOUTHWEST CORNER OF
            MAJOR MACKENZIE DRIVE
            AND McCOWAN ROAD
            (ZA 08 107108 & SU 09 115161) (10.5, 10.7)

Memo Report Attachment

1) That the Development Services Commission report dated June 2, 2009, entitled “Preliminary Report. Lasseter Development Inc. Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 250 townhouse development at the southwest corner of Major Mackenzie Drive and McCowan Road within the Berczy Village Secondary Plan (ZA 08 107108 and SU 09 115161)” be received; and,

2) That the Record of the Public Meeting held on June 16, 2009, with respect to applications by Lasseter Development Inc, for draft plan of subdivision approval and implementing zoning by-law amendments, be received; and,

3) That upon completion of the review and evaluation by staff of the proposal submitted by Lasster Development Inc., and if there are no outstanding issues, the draft plan be forwarded for approval to the CAO in accordance with the Delegation By-law 4-2000, as amended; and further,

4) That upon issuance of draft plan approval the implementing zoning by-law be enacted without further notice.

CARRIED

6(e) REPORT NO. 50 - GENERAL COMMITTEE (June 22, 2009)

Council consented to add Report No. 50 and to separate Item Nos. (8), (9) and (11).

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

That Report No. 50 - General Committee comprised of 11 items be received and adopted.

(1) EAST MARKHAM COMMUNITY CENTRE
LIBRARY DESIGN DEVELOPMENT (6.6)

Report Presentation

1) That the report titled “East Markham Community Centre & Library – Design Development” be received; and,

2) That the presentation by Shore Tilbe Irwin & Partners highlighting the result of the Design Development phase of the project be received; and,

3) That Council authorizes staff to proceed with the detailed design drawings, technical specifications and contract documents phase of the project; and,

4) That Council directs staff to report back in September 2009 with an update of project cost; and further,

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

CARRIED

(2) DEVELOPMENT CHARGES UPDATE
(SOFT SERVICES )(7.0)

Report 1 2 Presentation

1) That the presentation by Ms. B. Cribbett, Town Treasurer, entitled “Development Charge Update (Soft Services)” be received; and,

2) That the report on the “Development Charge Soft Services Update” be received; and,

3) That the summary responses to the comments from the public and the development community be received for information; and,

4) That no further public meeting is required under Section 12 of the Development Charges Act 1997; and,

5) That the minutes of the May 26^th, 2009 Development Charges Public Meeting be approved; and,

6) That the Development Charge Background Study prepared by Hemson Consulting Ltd. dated May 2009, be amended to reflect the change in the inventoried cost per square foot of selected Libraries and Recreational Facilities from $390 to $375 and that this amount be included in the proposed Town Wide Soft (TWS) charge by an amendment to the TWS by-law; and,

7) That Council approve the development charge Background Study as amended, prepared by Hemson Consulting Ltd. dated May 2009; and,

8) That Council declares that it is Council’s intent to ensure that the increase in the need for services to service anticipated development will be met; and,

9) That Council declares that it is Council’s intent that development related to post 2018 capacity identified in the Background Study shall be paid for by development charges or other similar charges; and,

10) That Council recognizes that there are operating costs associated with the implementation of the capital program; and,

11) That Council approve the enactment of the by-law attached as Appendix A effective on June 23^rd, 2009; and further,

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

(By-law 2009-120)

CARRIED

(3) 2009 BUSINESS IMPROVEMENT AREAS (BIA)
LEVY BY-LAW (7.3)

1) That a by-law be approved to provide for the levy and collection of a 2009 special charge against all rateable property in a business property class in the Unionville Business Improvement Area in the amount of $199,500 and in the Markham Business Improvement Area in the amount of $202,183.

(By-law 2009-121)

CARRIED

(4) APPOINTMENTS TO
ADVISORY COMMITTEES (16.24)

1) That the appointment of the following persons to the Varley-McKay Art Foundation Board of Directors for the terms noted, be confirmed:

Alan Bryce - June 2012

Patrick Carr - June 2012

Karen Chadwick - June 2012

Edward Mariani - June 2012

Robert McCulloch - June 2012

Elizabeth Plashkes - June 2012

Stanley Neal - June 2010; and,

2) That the following persons be appointed to the Heintzman House Community Centre Board for the term ending December 31, 2009:

Ed Hankins, Chair

Ken Davis, Vice-Chair

Pat Chamandy, Treasurer

Paul Glionna

Bob Willson

Sam Masson

Don Poscente

Roger Jones

Barb Somers

Bob Henderson; and,

3) That the following persons be appointed to the Markham Environmental Advisory Committee for the term ending November 30, 2010:

Carrie Sally

Zahra Parhizgari

Gary Diamond

CARRIED

(5) SUBORDINATION OF INTEREST OWING
TO THE TOWN OF MARKHAM DISTRICT ENERGY INC.
IN FAVOUR OF TD BANK (7.0)

1) That Council approve the subordination of the interest accrued to the Town of Markham on the original loan of $7,200,000 to the Markham District Energy in favour of the TD Bank; and,

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

CARRIED

(6) CONTRACT AWARD 121-T-09
MARKHAM MUSEUM COLLECTION
BUILDING CONSTRUCTION (7.12.3)

1) That the report titled “Contract Award 121-T-09 Markham Museum Collections Building Construction” be received; and,

2) That staff be authorized to award contract 121-T-09 to the lowest priced qualified bidder, Struct-Con Construction Ltd., for the construction of Markham Museum Collections Building, in the amount of $6,012,588 exclusive of GST; and,

3) That a contingency amount of $901,888, exclusive of GST, be established to cover any additional construction or design costs, and that the Director of Asset Management, or his designate, be authorized to approve the expenditure of this contingency amount up to the specified limit in accordance with the Town’s Expenditure Control Policy; and,

4) That the awards be funded from the Markham Museum Collections Building project budget account 073-5350-8247-005 (construction costs) and 073-6150-7415-005 (contingency) in the amount of $6,914,476; and further,

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

CARRIED

(7) FIRE VEHICLES AND APPARATUS
STANDARDIZATION (7.15)

Report Presentation

1) That the report and presentation entitled “Fire Vehicles and Apparatus Standardization” be received; and,

2) That Markham Fire and Emergency Services be authorized to continue with the standardization of the Town’s fire apparatus fleet for an additional period of five (5) years, concluding in 2014; and,

3) That the Fire Chief and the Manager of Purchasing, or their designate negotiate with Safetek Emergency Vehicles, as the Canadian Sales distributor for Smeal Fire Apparatus Co. (Inc.) for the purchase of two pumper apparatus (not to exceed $650,000 per unit) with delivery to coincide with new fire station openings; and,

4) That the two (2) pumper apparatus be funded from Projects 7748 (1 Fire Pumper Apparatus and Equipment) and 7757 (Fire Aerial Apparatus and Equipment) as approved in the 2007 capital budget; and further,

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

CARRIED

(8) SEWER BLOCKAGE AND
BACK-UP POLICIES (5.5)

1) That Council receive the report titled “Sewer Blockage and Back-up Policies” dated June 15, 2009; and,

2) That Council approve and endorse the “Mainline Sewer Blockage and Back-up Policy” attached as Attachment “A” to this report; and,

3) That Council approve and endorse the updated “Municipal Sewer Service Connection Maintenance Policy” attached as Attachment “B” to this report; and,

4) That Council approve and endorse the “Cost Sharing Undertaking for the Clearing of Blockages in the Municipal Sewer Service Connection” attached as Attachment “C” to this report; and,

5) That the Town’s Policy on Clearing Drain Blockages (2.1 & 5.5) adopted by Resolution of Council at Meeting No.8 on April 16, 2002, be rescinded and replaced by the “Mainline Sewer Blockage and Back-up Policy” and the “Municipal Sewer Service Connection Maintenance Policy”; and,

6) That Staff be directed that all communication with property owners with respect to property damage and liability for damages arising from sewer blockages and back-ups must be conducted through the Clerk’s Department; and,

7) That staff report back to General Committee in the Fall of 2009 with a communications plan to educate Markham residents on the municipal sewer system; and further,

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

CARRIED

(9) INFRASTRUCTURE STIMULUS FUND UPDATE (5.0 & 7.0)

1) That the report entitled “Infrastructure Stimulus Fund Update” be received; and,

2) That the Town proceed with the completion of the Facility Accessibility ($3,200,000), Energy ($3,000,000) and Emergency Operations Centre ($1,000,000) Retrofits for a total cost of $7,200,000 and the Thornhill Community Centre & Library Renovations and Additions Project of $6,000,000 total cost on a 1/3 shared basis with the Province of Ontario, Government of Canada and Town of Markham; and,

3) That the Town of Markham’s share of $1,067,000 for the Facility Accessibility project be funded from the 2010-2014 Accessibility Annual Program capital project in the annual amount of $213,400; and,

4) That the Town of Markham’s share to a maximum of $1,000,000 for the Facility Energy Retrofit project be funded from the Lifecycle Replacement and Capital Reserve fund in the amount of $500,000 and the 2010 Federal Gas Tax grant in the amount of $500,000; and,

5) That the Town of Markham’s share of $333,000 for the Emergency Operations Centre Retrofit project be funded from the Lifecycle Replacement and Capital Reserve fund; and,

6) That the Town of Markham’s share of $2,000,000 for the Thornhill Community Centre & Library Renovations and Additions project be funded from the Lifecycle Replacement and Capital Reserve fund; and,

7) That four capital projects are created to undertake the work: Thornhill Community Centre and Library, Facility Accessibility Retrofits, Facility Energy Retrofits and Emergency Operations Centre; and,

8) That the CAO exercise his authority under the CAO By-law to proceed with executing appropriate agreements to ensure projects underway; and,

9) That authority be given to enter into agreements with Government of Canada and Province of Ontario to complete projects; and,

10) That staff report back on the progress of the above initiatives in September; and further,

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

CARRIED

(10) GREEN ENERGY &
GREEN ECONOMY ACT (5.7)

Report 1 2 3 Presentation

1) That the presentation by Ms. V. Sawler, Manger, Markham Energy Conservation Office, entitled “The Green Energy & Green Economy Act, 2009” be received.

2) That the Report titled, “An Update on Bill 150 – The Green Energy and Green Economy Act, 2009” (GEA) be received; and,

3) That Council supports the intent of the GEA to further the development of renewable energy projects and to continue to create a culture of conservation; and,

4) That Staff continue dialogue with other municipalities and the province to further understand the implications for municipalities of the GEA and the forthcoming regulations, currently under development; and,

5) That Staff report back to Committee as more information becomes available; and,

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

CARRIED

(11) WEST THORNHILL STORMWATER
FLOOD REMEDIATION CLASS (EA) STUDY - UPDATE (5.7)

Report Correspondence

1) That the report entitled “West Thornhill Stormwater Remediation Class EA Study – Update” be received; and,

2) That staff report back to General Committee with study recommendations; and,

3) That the delegation and correspondence of Ms. Marilyn Ginsberg , on behalf of Bayview Glen Residents Association, Grandview Area Residents Association, German Mills Ratepayers’ Association, and Ward One South Thornhill Residents, Inc. be received; and,

4) That Item No. (1), Report No. 44, Clause No. 6) as approved by Council on June 3, 2009 regarding this matter be rescinded and the following be approved:

"That Council confirm its position on the implementation of the final preferred option, after considering the staff recommendations, construction schedule, financing options and other related issues."; and further,

4) 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)

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

That Item No. (1), Report No. 44, Clause No. 6) as approved by Council on June 3, 2009 regarding West Thornhill Stormwater Flood Remediation Class Study Update be rescinded and the following be approved:

CARRIED

(See following motion to reconsider)

Moved by Councillor V. Burke

Seconded by Regional Councillor G. Landon

That Council reconsider the following Item No. (1), Report No. 44, Clause No. 6) as approved by Council on June 3, 2009 regarding West Thornhill Stormwater Flood Remediation Class Study Update:

"That Council confirm its position regarding the "#4 - 100 year level of protection" subsequent to the announcement on the infrastructure grant funding and the submission of a final recommendation of staff;"

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

6(f) REPORT NO. 51 - DEVELOPMENT SERVICES COMMITTEE (June 23, 2009)

Council consented to add Report No. 51 and to separate Item Nos. (2) & (7).

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 51 - Development Services Committee comprised of 7 items be received and adopted.

(1)        DESIGN, CONSTRUCTION AND FINANCING
            OF PARKS IN ANGUS GLEN WEST VILLAGE
            BY ANGUS GLEN DEVELOPMENT LTD. (6.3, 7.0)

1) That the report dated June 23, 2009 to Development Services Committee, entitled “Design, Construction and Financing of Parks in the Angus Glen West Village by Angus Glen Development Ltd.” be received; and,

2) That Council approve the request by Angus Glen Development Ltd., to finance the cost of design, construction, and contract administration of the parks identified as Plan 1, Block 139 (0.5318 ha / 1.314 ac) in draft plan of subdivision 65M-4085 and Plan 2, Block 47 (0.5648 ha / 1.395 ac), Block 48 (0.0408 ha / 0.10 ac), Block 49 (0.0777 ha / 0.1919 ac), Block 50 (0.0383 ha / 0.0946 ac) and Block 51 (0.4030 ha / 0.9957 ac) in draft plan of subdivision 65M-4086, subject to the following conditions:

A. That Angus Glen Development Ltd., finance the cost of the design, construction, and contract administration of these parks to a minimum value of $165,000.00 per acre based on 1.656 ha / 4.092 acres of parks which totals approximately $675,180.00 inclusive of all applicable taxes but exclusive of GST;

B. That, subject to compliance with these terms and conditions, the Town of Markham reimburse Angus Glen Development Ltd., up to a maximum of $675,180.00, plus GST, towards this project from development charges for park development under the understanding that Angus Glen Development Ltd., may contribute additional funds above this amount which will not be reimbursable by the Town, towards the development of these parks;

C. That subsequent to collection of sufficient Development Charges for park development at the building permit stage for residential lots within the Angus Glen West Village, the Town shall reimburse Angus Glen Development Ltd., for invoices paid for approved costs associated with the design, construction, and contract administration, for park development. No interest on such invoices shall be payable by the Town. Reimbursement terms are as follows:

a) Angus Glen Development Ltd. may only invoice the Town for 80% of approved costs provided that:

1. at least 45 days from the date of publication of Substantial Performance has transpired;

2. proof of publication has been submitted with the invoice;

3. no liens have been registered in regard to this contract;

4. the constructed work has reached Total Completion to the Town’s satisfaction after which the two year warranty period shall begin;

5. the landscape architect has issued to the Town a Total Completion certificate.

b) the remaining 20% of Town approved costs shall be retained by the Town for a minimum of two years from Total Completion and shall be paid to the Developer upon the Developer invoicing the Town for the remaining 20%, provided the following has occurred in the order listed here:

1. two years has passed from the date of Total Completion;

2. that the two year warranty inspection has occurred with the Town;

3. that all noted deficiencies at the two year warranty inspection have been completed to the Town’s satisfaction to the point of total performance;

4. that Final Acceptance has been granted by the Town;

5. that the landscape architect has issued a certificate certifying the warranty period has expired and further that noted deficiencies have been completed in general conformance to the plans and specifications;

6. that any liens registered in regard to the contract have been released and/or paid by the Developer;

7. and further, that the two year maintenance obligations had been performed during the warranty period, failing which, the Town shall use the remaining funds at its sole discretion to compensate for the unfulfilled obligations.

c) or alternatively, Angus Glen Development Ltd. may invoice the Town for 100% of approved costs two years after the date of Total Completion provided items b, i through vii, as listed above, have occurred to the Town’s satisfaction.

D. That Owners/Developers within the Angus Glen West Village Community, including Angus Glen Development Ltd., 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 Angus Glen Community;

E. That Angus Glen Development Ltd. hire a landscape architect who is a Full Member of the OALA having custody and use of the Association seal, approved by the Town, to provide professional design, contract document, and contract administration services, to the satisfaction of the Town as outlined in Schedule A;

F. That Angus Glen Development Ltd. follow the Town’s standard Park and Open Space approval process which includes development of several design concepts, holding community input meetings, presentation to selected Standing and Advisory Committees as applicable, as well as review and approval by the Planning and Urban Design Department in consultation with the Parks Operations Department;

G. That Angus Glen Development Ltd. tender out the construction of the park works to a minimum of three bidders to the satisfaction of the Town including providing the Town with a copy of all bids submitted within 24 hours of tender close. The successful bidder will be responsible to construct and maintain the park in from the time park construction is begun until Final Acceptance by the Town;

H. That, notwithstanding the requirement noted above in Condition (G), Angus Glen Development Ltd. shall tender and award a maintenance contract for the park to Town standards. The maintenance contract for the park must be tendered and awarded at the same time as the construction contract and cover a minimum period of 2 years detailed maintenance as outlined in Appendix ‘C’ (“Developer Obligations: Two Year Maintenance Activities”) to the Town’s satisfaction and that maintenance of the park shall continue until Final Acceptance of the park. Costs for the 2 year (minimum) maintenance contract are the responsibility of Angus Glen Development Ltd. The Town will not reimburse Angus Glen Development Ltd. for costs associated with this additional maintenance obligation for the park;

I. That these parks be included in the Urban Design, Development Services Commission, Capital Budget submission in 2011 which will include the amount to be reimbursed and the internal consulting fees; and further,

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

CARRIED

(2)        DESIGN, CONSTRUCTION AND FINANCING OF
            A PARK IN THE YORKTON SUBDIVISION BY
            KYLEMORE COMMUNITIES (6.3, 7.0)

1) That the report dated June 23, 2009 to Development Services Committee, entitled “Design, Construction and Financing of a Park in the Yorkton Subdivision by Kylemore Communities” be received; and,

2) That Council approve the request by Kylemore Communities to finance the cost of design, construction, and contract administration of a park identified as Block 43 (0.1165 ha / 0.287 ac) in draft plan of subdivision 65M-4065, subject to the following conditions:

A. That Kylemore Communities, finance the cost of the design, construction, and contract administration of this park to a minimum value of $165,000.00 per acre based on 0.1165 ha / 0.287 acres of parks which totals approximately $47,355.00 inclusive of all applicable taxes but exclusive of GST;

B. That, subject to compliance with these terms and conditions, the Town of Markham reimburse Kylemore Communities, up to a maximum of $47,355.00, plus GST, towards this project from development charges for park development under the understanding that Kylemore Communities may contribute additional funds above this amount which will not be reimbursable by the Town, towards the development of this park;

C. That subsequent to collection of sufficient Development Charges for park development at the building permit stage for residential lots within the Yorkton Subdivision, the Town shall reimburse Kylemore Communities, for invoices paid for approved costs associated with the design, construction, and contract administration, for park development. No interest on such invoices shall be payable by the Town. Reimbursement terms are as follows:

a. Kylemore Communities may only invoice the Town for 80% of approved costs provided that:

i. at least 45 days from the date of publication of Substantial Performance has transpired;

ii. proof of publication has been submitted with the invoice;

iii. no liens have been registered in regard to this contract;

iv. the constructed work has reached Total Completion to the Town’s satisfaction after which the two year warranty period shall begin;

v. the landscape architect has issued to the Town a Total Completion certificate.

b. the remaining 20% of Town approved costs shall be retained by the Town for a minimum of two years from Total Completion and shall be paid to the Developer upon the Developer invoicing the Town for the remaining 20%, provided the following has occurred in the order listed here:

i. two years has passed from the date of Total Completion;

ii. that the two year warranty inspection has occurred with the Town;

iii. that all noted deficiencies at the two year warranty inspection have been completed to the Town’s satisfaction to the point of total performance;

iv. that Final Acceptance has been granted by the Town;

v. that the landscape architect has issued a certificate certifying the warranty period has expired and further that noted deficiencies have been completed in general conformance to the plans and specifications;

vi. that any liens registered in regard to the contract have been released and/or paid by the Developer;

vii. and further, that the two year maintenance obligations had been performed during the warranty period, failing which, the Town shall use the remaining funds at its sole discretion to compensate for the unfulfilled obligations.

c. or alternatively, Kylemore Communities may invoice the Town for 100% of approved costs two years after the date of Total Completion provided items b, i through vii, as listed above, have occurred to the Town’s satisfaction.

D. That Owners/Developers within the Kylemore Subdivision, including Kylemore Communities 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 this subdivision;

E. That Kylemore Communities hire a landscape architect who is a Full Member of the OALA having custody and use of the Association seal, approved by the Town, to provide professional design, contract document, and contract administration services, to the satisfaction of the Town as outlined in Appendix ‘B’;

F. That Kylemore Communities submit several design concepts for review by Planning and Urban Design staff; and, that staff be authorized to give final approval on same; and,

G. That Kylemore Communities tender out the construction of the park works to a minimum of three bidders to the satisfaction of the Town including providing the Town with a copy of all bids submitted within 24 hours of tender close. The successful bidder will be responsible to construct and maintain the park from the time park construction is begun until Final Acceptance by the Town;

H. That, notwithstanding the requirement noted above in Condition (G), Kylemore Communities shall tender and award a maintenance contract for the park to Town standards. The maintenance contract for the park must be tendered and awarded at the same time as the construction contract and cover a minimum period of 2 years detailed maintenance as outlined in Appendix ‘C’ (“Developer Obligations: Two Year Maintenance Activities”) to the Town’s satisfaction and that maintenance of the park shall continue until Final Acceptance of the park. Costs for the 2 year (minimum) maintenance contract are the responsibility of Kylemore Communities. The Town will not reimburse Kylemore Communities for costs associated with this additional maintenance obligation for the park;

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

CARRIED

(3) MARKHAM CENTRE ADVISORY GROUP
– UP-DATED TERMS OF REFERENCE (10.0)

1) That the report dated June 23, 2009 and titled Markham Centre Advisory – Up-dated Terms of Reference be received; and,

2) That Council endorse the up-dated Terms of Reference for the Markham Centre Advisory; and,

3) That Council endorse the current composition and membership of the Markham Centre Advisory; and,

4) That Council reserve space on the Advisory for two future members representing Markham Centre residents; and further,

5) That Staff be authorized and directed to do all things necessary to give effect to this resolution and report back whether a member or members of Council should be appointed to the Markham Centre Advisory Committee.

CARRIED

(4)        YORK REGION 16^TH AVENUE
            TRUNK SEWER PHASE 2
            ENVIRONMENTAL IMPROVEMENTS
            IN THE TOWN OF MARKHAM (5.7)

1) That the report to Development Services Committee dated June 23, 2009 entitled “York Region, 16^th Avenue Trunk Sewer, Phase 2, Environmental Improvements in the Town of Markham” be received; and,

2) That for the Tannery Pond project, staff be authorized to negotiate the terms of a Funding Agreement with The Regional Municipality of York under which the Region will contribute a maximum of $185,000 and the Town of Markham will contribute $30,000. Total project cost is $215,000 (excluding GST and Town internal management fees); and,

3) That for the Tannery Pond project, funding in the amount of $30,000 (excluding GST) for landscape architectural consulting services, be from Account 25-2100022, Tannery Pond (Ph 2) in the amount of $27,334 and from Account 59-5350-2525-005, Pathways, in the amount of $2,666; and,

4) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) – (h) where it is necessary or in the best interests of the Town to acquire non-standard items from a preferred supplier, and subject to finalizing the Funding Agreement, that Council authorize staff to retain Harrington McAvan Ltd., Landscape Architects, as the Town’s landscape architectural consultant, to proceed with detailed design, construction drawings and/or management directions, construction supervision and monitoring as required in connection with the Tannery Pond environmental improvement project; and,

5) That for the Aitken Circle Pond and the Thermal Cooling projects, staff be authorized to negotiate the terms of a Funding Agreement with The Regional Municipality of York under which the Region will contribute $307,500 and the Town of Markham will contribute $241,000; and,

6) That for the Aitken Circle Pond and the Thermal Cooling projects, funding in the amount of $241,000 (excluding GST), plus internal management fees be funded from Project 9295, Account 640-1015699-9295, Aitken Circle SWM Pond Retrofit; and,

7) That staff be authorized to finalize with the Region the project management and collection of internal management fees for the Tannery Pond project, and for the Aitken Circle Pond/Thermal Cooling project; and,

8) That the Mayor and Clerk be authorized to execute Funding Agreements for the Tannery Pond, Aitken Circle Pond and the Thermal Cooling projects and any other documents to give effect thereto, in a form and content satisfactory to the Town Solicitor and the Chief Administrative Officer; and further,

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

CARRIED

(5) PROPOSED ALL WAY STOP CONTROL AT
HIGHGLEN AVENUE AND BRANDO AVENUE (5.12.3)

Report Map By-law

1) That the report entitled “Proposed All Way Stop Control at Highglen Avenue and Brando Avenue” dated April 2, 2009, be received; and,

2) That Schedule 12 of By-law 106-71 for all-way stop control be amended to include the intersections of Highglen Avenue and Brando Avenue; and,

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

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

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

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

(By-law 2009-122)

CARRIED

(6) UPDATE TO POLICY FOR ESTABLISHING
TELECOMMUNICATION TOWERS (10.0)

Report Attachment A

1) That the June 23, 2009 report entitled “Update to Policy for Establishing Telecommunication Towers” be received; and,

2) That the Policy entitled “Policy for Establishing Telecommunication Towers, Dated June 2009” attached as Attachment “A” be adopted; and,

3) That the consultation process for Telecommunication Towers be in accordance with the Town’s Site Plan process as outlined in this Policy; and further,

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

CARRIED

(7) INDIA INVESTMENT ATTRACTION PROGRAM (10.16)

1) That the report entitled “India Investment Attraction Program” be received; and,

2) That the Town participate in the Pan Indian Institutes of Technology (IIT) 2009 USA conference to be held in Chicago, from October 9-11th and be represented by Mayor Frank Scarpitti, the Economic Development Director (S. Chait), and the Manager of Special Projects (C. Kakaflikas); and,

3) That the Town participate in the Greater Toronto Marketing Alliance (GTMA) mission to India, from October 30^th - November 10^th, and be represented by the Economic Development Director (S. Chait), the Manager of Special Projects (C. Kakaflikas) and an appointed Member of Council; and,

4) That the cost of the India Investment Attraction Program not exceed $33,000.00 and be expensed from within the pre-approved 2009 “China and India Investment Attraction Program” Capital Budget (acct. #610-10156999052); and further,

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

CARRIED

7. MOTIONS

Council consented to add Motion No. (1).

(1) MARKHAM CONCERT BAND FUNDING (7.6)

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Webster

That the request by the Markham Concert Band for a Celebrate Markham grant be referred to the Grants Subcommittee; and,

That the Grant Subcommittee be authorized to award a grant in an amount not to exceed $2,000.00, if the request meets the Town's Celebrate Markham grant provisions; and further,

That the Grants Subcommittee and staff assist in determining location where these bands can play.

CARRIED

(See following motion to introduce the proposed motion)

Moved by Deputy Mayor J. Heath

Seconded by Councillor L. Kanapathi

That Council introduce a motion regarding the funding for Markham Concert Band.

CARRIED BY A RECORDED VOTE (9:3)

YEAS: Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor L. Kanapathi, Councillor A. Chiu. (9)

NAYS: Mayor F. Scarpitti, Councillor J. Virgilio, Councillor D. Horchik. (3)

8. NOTICES OF MOTIONS

There were no notices of motions.

9. COMMUNICATIONS

Council consented to add Communication Nos. 42-2009 to 46-2009.

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

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

Received

30-2009 Minister of Citizenship and Immigration - Calling nominations for the 2009 Ontario Medal for Good Citizenship. The deadline for nominations is August 17, 2009. (13.2)

Referred to all Members of Council

31-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Chimera Bar & Lounge, 3636 Steeles Avenue East, Units 157-158 (Change of ownership for previously licenced indoor areas). (3.21)

32-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Applejack's Restaurant, 5328 Highway No. 7, Unit 1A (Change of ownership for previously licenced indoor & outdoor areas). (3.21)

33-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Sogong-Gong Tofu House, 3229 Highway 7 East, Unit 10 (Indoor licence for new premises). (3.21)

34-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for The Puck'n Wings, 4450 Hwy No. 7 (Change of ownership for previously licenced indoor areas). (3.21)

35-2009 John Liagakis, Greek Orthodox Community of Markham - Requesting an approval from the Town of Markham regarding the application of a Special Occasion Liquor Permit to be utilized on July 17, 18, 19, 24, 25 and 26, 2009 at 11359 Warden Avenue during the Annual Greek Community Festival. (3.21)

36-2009 General Manager, Markham and East York Agricultural Society - Requesting an approval from the Town of Markham regarding the application of a Special Occasion Liquor Permit to operate an entertainment lounge at the Markham Fair being held from October 1 to 4, 2009 and to designate the Fair as a Community Festival. (3.21)

37-2009 Councillor C. Moretti, Town of Markham - Forwarding a request to close McCowan Road on July 1, 2009 to facilitate the Canada Day Celebrations being held at Milne Park as follows:

- McCowan Road from Bullock Drive to South Unionville Avenue (3:00 p.m. to 4:30 p.m.)

- McCowan Road from Bullock Drive to South Unionville Avenue (8:30 p.m. to 11:30 p.m.) (3.5)

38-2009 Sara Sterling, Media Consultant & Co-Chairs of ½ Marathon, on behalf of Markham Stouffville Hospital - Forwarding a request to close the following streets on November 1, 2009 from 8:30 a.m. to 12:30 p.m. to facilitate the Angus Glen Half Marathon:

                        Start line is at Angus Glen Golf Course
            - South on Kennedy Road to Major MacKenzie Drive
            - West on Major MacKenzie Drive to Prospector's Drive
            - South on Prospector's Drive to The Fairways
            - West on The Fairways and south onto Royal Troon Crescent
            - Royal Troon Crescent onto Angus Glen Blvd
            - East on Angus Glen Blvd to Potters Wheel Road
            - North on Potters Wheel Road to Port Rush Trail
            - East on Port Rush Trail to Angus Meadow Drive
            - South on Angus Meadow Drive to Angus Glen Blvd
            - East on Angus Glen Blvd to Kennedy Road
            - South on Kennedy Road to just north of 16th Avenue

                        Runners make a u-turn & go north on Kennedy Road to Elgin Mills Road East
            - East on Elgin Mills Road to McCowan Road
            - North on McCowan Road to 19th Avenue
            - West on 19th Avenue to Warden Avenue
            - South on Warden Avenue to Elgin Mills Road East
            - East on Elgin Mills Road East to Kennedy Road
            - South on Kennedy Road to Angus Glen Golf Course. (3.5)

39-2009 Phil Howes, Manager, Markham Village BIA - Forwarding a request to temporarily close various streets at Main Street Markham as follows:

Road to be closed

- Main Street Markham North from Highway 7 to South of Parkway Avenue.

- Access east from Main Street Markham North is closed to:

a) Centre Street

b) Robinson Street.

- Access west from Main Street Markham North is closed to:

b. Dublin Street

c. Robinson Street

d. Wilson Street

- Robinson Street West from Main Street Markham North to Water Street.

Events, dates and times

- Markham Jazz Festival (August 16, 2009 from 9:00 a.m. to 6:00 p.m.)

- Main Street Markham Auto Classic (September 13, 2009 from 9:00 a.m. to 6:00 p.m.)

- Main Street Markham Pedestrian Day (July 19, 2009 from 6:00 a.m. to 10:00 p.m.). (3.5)

40-2009 R. Blake, Manager, West Development District - Providing an update with respect to the zoning by-law amendment application submitted by 1696913 Ontario Inc. (formerly Tucciarone Family), 2901 Elgin Mills Road East. (10.5)

(By-laws 2009-107 and 2009-108)

Memo

Referred to Commissioner of Development Services & Town Solicitor

41-2009 Ontario Municipal Board - Forwarding a memorandum of oral decision approving the Official Plan Amendment and Zoning By-law Amendment Applications submitted by 1691126 Ontario Ltd. (Liberty Development Corporation), 7161 and 7171 Yonge Street. (13.13)

(By-laws 2009-117 and 2009-118)

Referred to all Members of Council

42-2009 L. Mele, TDM Coordinator, Town of Markham - Forwarding a request to close the following streets on August 9, 2009 from 8:00 a.m. to noon to facilitate the Markham "Giro" Cycling event:

- Start on (inside lane of) East Valhalla Drive and Cochrane Drive going east

- East on Cochrane Drive to Perth Avenue

- Perth Avenue to north east of Lanark Road

- Lanark Road going southeast to Cochrane Drive

- End at Cochrane Drive and East Valhalla Drive doing the loop for 45 minutes. (3.5)

43-2009 Commissioner of Development Services - Providing an update with respect to the official plan amendment and zoning by-law amendment applications submitted by Woodbine International Centre Corporation, 9390 Woodbine Avenue. (10.5)

(By-laws 2009-115 and 2009-116)

Memo

44-2009 John McDermott, McDermott & Associates Limited - Forwarding their comments with respect to the zoning by-law amendment application submitted by Red Banner Developments, 5906 and 5990 16th Avenue. (10.5)

(Delegation No. 1 and By-law 2009-114)

45-2009 Marilyn Ginsburg, Chair, Grandview Area Residents Association – Forwarding their request to exclude the railway overpass at Bayview Avenue, north of Steeles Avenue from the CN National Bridge Messaging Program. (5.13 & 3.12)

(Item No. 6, Report No. 47)

46-2009 The Society for the Preservation of Historic Thornhill - Requesting an approval from the Town of Markham to close the following streets to facilitate the Thornhill Village Festival being held on September 19, 2009 from 8:00 a.m. to 4:30 p.m. as follows:

- Church Lane from John Street beyond Colborne Street

- Colborne Street from Yonge Street to Church Lane

- Eliza Street from Colborne Street to end of street

- Thornhill Summit Drive from Yonge Street to Answell Court (3.5)

CARRIED

10. PROCLAMATIONS

(1) INTERNATIONAL DAY AGAINST DRUG ABUSE
AND ILLICIT TRAFFICKING (3.4)

Moved by Councillor L. Kanapathi

Seconded by Regional Councillor G. Landon

Whereas the United Nations has proclaimed June 26, 2009 as the "International Day Against Drug Abuse and Illicit Trafficking"; and,

Whereas the international campaign encourages young people and others to educate themselves about the risks associated with illicit drug use; and,

Whereas the United Nations encourages all communities around the world to support drug education and awareness;

Now therefore be it resolved:

1) That Council proclaim June 26, 2009 as the "International Day Against Drug Abuse and Illicit Trafficking" in the Town of Markham; and,

3) That the Communications and Community Relations Department be requested to publish this proclamation in the local newspapers.

CARRIED

11. NEW/OTHER BUSINESSES

There were no new/other businesses.

12. BY-LAWS

Council consented to separate By-law Nos. 2009-114, 2009-115, 2009-116, 2009-93, 2009-90, 2009-103 and 2009-104.

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

That By-law 2009-114 be given three readings and enacted.

CARRIED

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That By-laws 2009-115 and 2009-116 be given three readings and enacted.

CARRIED

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That By-law 2009-93 be given three readings and enacted.

CARRIED

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That By-law 2009-90 regarding CN Bridge Overpass Messaging be amended to reflect the two locations as approved by Council this date; and,

That By-laws 2009-90 to 2009-92, 2009-94 to 2009-113 and 2009-120 to 2009-123 be given three readings and enacted.

CARRIED

Three Readings:

BY-LAW 2009-90 A by-law to amend Sign By-law 2002-94 (CN Bridge Overpass Messaging).

(Item No. 6, Report No. 47)

BY-LAW 2009-91 A by-law to authorize the Mayor and Clerk to enter into Façade Easement Agreements with the owners of 170 Main Street Unionville and 4496 Highway No. 7 Unionville.

(Item No. 1, Report No. 48)

BY-LAW 2009-92 A by-law to amend Parking By-law 2005-188 (Bentley Street at Amber Street Parking Prohibition).

(Item No. 3, Report No. 48)

BY-LAW 2009-93 A by-law to amend Zoning By-law 177-96, as amended (Times Group Corporation, Blocks 49 and 50, Plan 65M-3226, south of South Park Road between Saddlecreek Drive and Times Avenue in the Leitchroft Community - To permit apartment and townhouse units).

(Item No. 7, Report No. 48)

BY-LAW 2009-94 A by-law to amend Zoning By-law 304-87, as amended (EMK Construction and Treelawn Construction Ltd., 10519 and 10521 Woodbine Avenue, Cathedral Community - To delete the subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit single detached residential units).

(Item No. 9, Report No. 48)

BY-LAW 2009-95 A by-law to amend Zoning By-law 177-96, as amended (EMK Construction and Treelawn Construction Ltd., 10519 and 10521 Woodbine Avenue, Cathedral Community - To permit single detached residential units).

(Item No. 9, Report No. 48)

BY-LAW 2009-96 A By-law to amend Zoning By-laws 1229, 1507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81,90-81, 108-81, 193-81, 209-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended (Town-initiated zoning by-law amendment recognizing legal non-complying lots, buildings and structures and those resulting from land acquisitions).

(Item No. 1, Report No. 49)

BY-LAW 2009-97 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list for Enforcement Officers, Parking Enforcement Agencies and Tagging Locations).

BY-LAW 2009-98 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Monarch Corporation, Blocks 143-148 and Lots 71, 74-76, 65M-4050, Cathedraltown, west of Woodbine Avenue and north of Major Mackenzie Drive).

BY-LAW 2009-99 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Monarch Corporation, Blocks 291, 295 and 297, Plan 65M-4026, west of Woodbine Avenue and north of Elgin Mills Road).

BY-LAW 2009-100 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Neamsby Investments Inc., Part of Block 16, Plan M-1915, designated as Parts 1 to 8 both inclusive and Parts 12 to 14 both inclusive, Plan 65R-31689, north-east corner of Denison Street and Warden Avenue).

BY-LAW 2009-101 A by-law to dedicate certain lands as part of the highways of the Town of Markham (65M-3731, Block 107 - Hammersly Boulevard, Block 108 - Kentland Street and Block 109 - Everett Street).

BY-LAW 2009-102 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 12 and 13, Plan 65M-2607; Part of Lot 43, Plan 2440, designated as Parts 2 and 3, Plan 65R-19501; Block 7, Plan 65M-3199 - Kevlin Road).

(Item No. 1, Report No. 8, 2009)

BY-LAW 2009-103 A by-law to adopt Official Plan Amendment No. 179 (A.V. Bombini Holdings, 16 Harlech Court - To permit a 3 storey office building).

(Item No. 1, Report No. 8, 2009)

By-law Councillor V. Burke abstained

BY-LAW 2009-104 A by-law to amend Zoning By-law 77-73, as amended (A.V. Bombini Holdings, 16 Harlech Court - To permit a 3 storey office building).

By-law Councillor V. Burke abstained

BY-LAW 2009-105 A by-law to amend Zoning By-law 177-96, as amended (Cottonlane Estates Inc., 158, 168 and 178 Kennedy Road – To facilitate a stacked townhouse development, a mixed-use building consisting residential units and ground floor retail/commercial uses and a public park).

(Item No. 3, Report No. 26, 2009)

BY-LAW 2009-106 A by-law to amend Zoning By-law 108-81, as amended (TSL Investments Ltd. (formerly Hagerman-Corner Development Inc.), north of Duffield Drive and west of Kennedy Road - To permit a private school/nursery school).

(Item No. 1, Report No. 27, 2009)

BY-LAW 2009-107 A by-law to amend Zoning By-law 304-87, as amended (1696913 Ontario Inc. (formerly Tucciarone Family), 2901 Eglin Mills Road East - To delete the subject lands from By-law 304-87, as amended, so that they may be incorporated into 177-96, as amended, to permit the proposed 82 lane based townhouses and 10 semi detached residential units).

(Communication 40-2009)

BY-LAW 2009-108 A by-law to amend Zoning By-law 177-96, as amended (1696913 Ontario Inc. (formerly Tucciarone Family), 2901 Eglin Mills Road East - To permit the proposed 82 lane based townhouses and 10 semi detached residential units).

(Communication 40-2009)

BY-LAW 2009-109 A by-law to amend Zoning By-law 304-87, as amended (Markham Stouffville Hospital and Town of Markham, Concession 9, Part Lot 12, 65R-22401 PT 1, south of Church Street between 9^th Line and Bur Oak Avenue - To delete the subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit an expansion of the hospital).

(Item No. 1, Report No. 45, 2009)

BY-LAW 2009-110 A by-law to amend Zoning By-law 177-96, as amended (Markham Stouffville Hospital and Town of Markham, Concession 9, Part Lot 12, 65R-22401 PT 1, south of Church Street between 9^th Line and Bur Oak Avenue - To permit an expansion of the hospital).

(Item No. 1, Report No. 45, 2009)

BY-LAW 2009-111 A by-law to amend Zoning By-law 1229, as amended (Markham Stouffville Hospital and Town of Markham, Concession 9, Part Lot 12, 65R-22401 PT 1, south of Church Street between 9^th Line and Bur Oak Avenue - To permit required parking lots for the hospital).

(Item No. 1, Report No. 45, 2009)

BY-LAW 2009-112 A by-law to adopt Official Plan Amendment No. 180 (Box Grove Developments Inc., 500 Copper Creek Drive - To permit single retail premises).

(Item No. 4, Report No. 26, 2009)

BY-LAW 2009-113 A by-law to amend Zoning By-law 177-96, as amended (Box Grove Developments Inc., 500 Copper Creek Drive - To permit single retail premises).

(Item No. 4, Report No. 26, 2009)

BY-LAW 2009-114 A by-law to amend Zoning By-law 1229, as amended (Red Banner Developments, 5906 and 5990 16^th Avenue - To clarify the range and nature of permitted uses and to amend the parking standards).

(Item No. 1, Report No. 43, 2008)
(Delegation No. 1 & Communication No. 44-2009)

BY-LAW 2009-115 A by-law to adopt Official Plan Amendment No. 181 (Woodbine International Centre Corporation, 9390 Woodbine Avenue - To permit a mixed use on the subject lands).

(Item No. 4, Report No. 26, 2009)

BY-LAW 2009-116 A by-law to amend Zoning By-law 165-80, as amended (Woodbine International Centre Corporation, 9390 Woodbine Avenue - To permit a mixed use on the subject lands).

(Item No. 4, Report No. 26, 2009)

BY-LAW 2009-120 A by-law to establish Town-Wide Soft Services Development Charges for the Corporation of the Town of Markham (Repeals By-law 2004-223).

(Item No. 2, Report No. 50)

BY-LAW 2009-121 A by-law to provide for the levy and collection of sums required by the Unionville Business Improvement Area and the Markham Business Improvement Area for the year 2009

(Item No. 3, Report No. 50)

BY-LAW 2009-122 A by-law to amend Traffic By-law 106-71 (Stop control at Highglen Avenue and Brando Avenue).

(Item No. 5, Report No. 51)

BY-LAW 2009-123 A by-law to amend Site Plan Control By-law 262-94 (Administrative amendment to add a clause regarding penalties)

OMB Approved By-laws

(For Information Only to Facilitate the Assignment of a By-law Number):

BY-LAW 2009-117 A by-law to reference Official Plan Amendment No. 178 (1691126 Ontario Ltd. (Liberty Development Corporation), 7161 and 7171 Yonge Street - To permit a high density, mixed use residential and retail, office and hotel development).

(Approved by OMB on May 25, 2009) (Communication No. 41-2009

BY-LAW 2009-118 A by-law to amend Zoning By-law 2237, as amended (1691126 Ontario Ltd. (Liberty Development Corporation), 7161 and 7171 Yonge Street - To permit a high density, mixed use residential and retail, office and hotel development).

(Approved by OMB on May 25, 2009) (Communication No. 41-2009

13. IN-CAMERA ITEMS

Council considered In-Camera Items (1) to (5) during the regular portion of the meeting and did not go into in-camera session.

REPORT OF GENERAL COMMITTEE - June 15, 2009

(1) WATER BILLING DISPUTE (7.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

1) That the presentation by Mr. J. Lustig, Director of Financial and Client Services, entitled “Water Billing Dispute” and dated June 15, 2009, be received; and,

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

CARRIED

REPORT OF DEVELOPMENT SERVICES COMMITTEE- June 16, 2009

(2)        BERCZY VILLAGE AND
            GREENSBOROUGH COMMUNITIES
            PARKS AND LANDSCAPE FEATURES
            – MINUTES OF SETTLEMENT (8.0, 6.3)

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

1) That the confidential staff report entitled “Berczy Village and Greensborough Communities, Parks and Landscape Features – Minutes of Settlement” dated June 16^th, 2009 be received and endorsed; and,

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

CARRIED

IN-CAMERA COUNCIL MEETING - June 3, 2009

(3) MINUTES OF IN-CAMERA COUNCIL MEETING - JUNE 3, 2009 (16.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

1) That the minutes of the in-camera Council meeting held on June 3, 2009, be confirmed.

CARRIED

REPORT OF GENERAL COMMITTEE - June 22, 2009

(4) PROPOSED MAIN STREET (MARKHAM)
TOWN SQUARE PROPERTY MATTER (8.6)

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

1) That the confidential report entitled “Proposed Main Street (Markham) Town Square Property Matter” be received; and,

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

CARRIED

REPORT OF DEVELOPMENT SERVICES COMMITTEE- June 23, 2009

(5)        APPEAL OF LAND SEVERANCE TO
            ONTARIO MUNICIPAL BOARD (OMB)
            60 ROUGE STREET, MARKHAM VILLAGE (8.0, 10.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

1) That the report entitled "Appeal of Land Severance to Ontario Municipal Board (OMB) - 60 Rouge Street, Markham Village" be received; and,

2) That the Town Solicitor be instructed to request the OMB not to schedule a hearing date for 60 Rouge Street until the Fall of 2009 to allow the Town to have settlement discussions with the owner and the appellant on the most appropriate orientation of the lots and the siting of the proposed dwellings; and further,

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

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That By-law 2009-119 be given three readings and enacted.

Three Readings

BY-LAW 2009-119 A by-law to confirm the proceedings of the Council meeting of June 23, 2009.
(Council Meeting No. 11, 2009)