Meeting No. 8

That the report titled “Update – Unclaimed Refundable Deposits” be received;

And that all unclaimed security deposits placed with the Town prior to December 1, 2004 as security in respect of certain works, for which applications for refund were invited in the Toronto Star, Economist & Sun, Thornhill Liberal and the Town’s website until March 12, 2007, be transferred to the Town’s revenue as no bona fide claims were made in the notice period which exceeded 45 days;

And that the Treasurer be authorized to transfer unclaimed security deposits, up to the amount of $505,318 representing deposits placed prior to December 1, 2004, to the Corporate Rate Stabilization Reserve;

And that the amount of $7,371.00 (exclusive of 6% GST) incurred in placing the Public Notice be offset against the security deposits to be placed in the Town’s revenue;

And that the Treasurer be authorized to release any of these security deposits from the Corporate Rate Stabilization Reserve in the event of a future refund claim;

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

(3) AWARD OF REQUEST FOR PROPOSAL - 115-R-06 VOICE
MESSAGING SYSTEM (7.9)

That the report entitled “Award of Request For Proposal - 115-R-06 Voice Messaging System” be received;

And that the contract for 115-R-06 Voice Messaging System be awarded to the highest ranked and third lowest priced bidder, Bell Canada in the base amount of $138,967.92 and with an extended two year warranty of $22,923.00 for a total award amount of $161,890.92 inclusive of PST, exclusive of GST;

And that the award be funded from the 2006 ITS Capital Project 049 6150 7286 005 ITS Core Projects in the amount of $200,000.00;

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

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

(4) AWARD OF TENDER # 023-T-07 TOWN-WIDE, PAVEMENT
MARKINGS (7.12)

That the report entitled “Award Of Tender # 023-T-07 Town-Wide, Pavement Markings” be received;

And that the contract for Townwide, Pavement Markings be awarded to the lowest bidder, Almon Equipment Ltd. For an estimated annual amount of $227644.00 exclusive of GST, totaling $682,932.00 exclusive of GST for a period of three (3) years;

And that funds for this contract for the 2007 season be drawn from the 2007 Operating Budget Account 700 505 5307 pavement markings in the amount of $227,644.00 exclusive of GST;

And that funds for this contract for the 2008 and 2009 period, in the amount of $455,288.00, exclusive of GST, be included in the 2008 and 2009 budget discussions;

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

(5) AWARD OF TENDER # 024-T-07 ROAD REHABILITATION
PROGRAM (7.12)

That the report entitled “Award of Tender # 024-T-07 Road Rehabilitation Program” be received;

And that the contract for Tender # 024-T-07 Road Rehabilitation Program be awarded to the lowest priced bidder, Brennan Paving & Construction in the total amount of $5,087,504.00 exclusive of GST;

And that the proposed Recreation & Culture 2007 Capital Project # 7537, Parking Lot Repairs (Thornhill CC) budget of $250,000 and Asset Management Capital Project #7799 Parking Lot Repairs (Civic Centre) budget of $100,000, be pre-approved;

And that the additional funding of $300,000, for the two (2) roadways (Kirkham Drive, Hwy. No. 48 to 250m East and Cedarland Drive, Warden Avenue to Town Centre Boulevard South, be added to the 2007 Capital Project Secondary Road Works (50 6150 7473 005) and provided from the Secondary Road Resurfacing Reserve #87 2800 132;

And that the award be funded from the 2007 Capital budget accounts as follows:

Pre- Approved Projects	Funding
Operations - Asphalt Resurfacing 50 6150 7455 005	4,080,817.00
Operations - Secondary Road Works 50 6150 7473 005	336,687.00
Operations - Parking Lot Repairs 50 6150 7518 005	90,000.00
Total Pre-Approved Projects	4,507,504.00
Projects Requiring Pre-Approval
Recreation & Culture - Parking Lot Repairs (Thornhill CC) 70 6150 7537 005	200,000.00
Asset Management - Parking Lot Repairs (Civic Centre) 56 6150 7799 005	80,000.00
Total Project Requiring Pre-Approval	280,000.00
Additional Funding (Kirkham Dr and Cedarland Dr)
Operations - Secondary Road Works 50 6150 7473 005	300,000.00
Total Additional Funding	300,000.00
Total 2007 Capital	$5,087,504.00

And that any remaining funds will be used for other expenditures within the Operations Asphalt Resurfacing program;

And that the Director of Operations and Director of Financial & Client Services be authorized to exercise the option to renew the contract for an additional 2 years (2008-2009) at the 2007 itemized prices subject to performance and budget approval;

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

(6)        AWARD OF TENDER 230-T-06 STEELES AVENUE
            WATERMAIN REPLACEMENT (PHASE 1) FROM
            YONGE STREET TO HENDERSON AVENUE (7.12.2)

That the report entitled “Award of Tender 230-T-06 Steeles Avenue Watermain Replacement (Phase 1), from Yonge Street to Henderson Avenue” be received;

And that the contract tender 230-T-06 for the construction of the Steeles Avenue Watermain Replacement (Phase 1) be awarded to the lowest price qualified bidder, Sam Rabito Construction Ltd. In the amount of $1,279,809.54 exclusive of GST;

And that a contingency in the amount of $127,980.00 exclusive of GST be established to cover any additional construction costs and that the Director of Asset Management be authorized to approve expenditure of this contingency amount up to the specified limit and to provide a monthly statement of these expenditures to the Town Treasurer;

And that fees for the construction inspection and contract administration, to an upset limit of $94,600.00 exclusive of GST, be added to the existing Cole Engineering Group Ltd. Purchase order D7 00045;

And that a contingency amount of $9,460.00 exclusive of GST be established to cover any additional construction inspection and contract administration fees and that the Director of Asset Management be authorized to approve expenditure of this contingency amount up to the specified limit;

And that the award be funded from the 2007 pre-approved Waterworks Department Capital Project 053-6150-7511-005 Watermain Construction/Replacement in the amount of $1,790,000.00;

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

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

(7) CONTRACT AWARD FOR STREET LIGHTING,
MAINTENANCE AND REPAIR 2007 POWERSTREAM (7.12)

That PowerStream be authorized to continue providing streetlight maintenance services for the Town;

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

And that the 2007 Streetlight Maintenance and Repair contract be awarded to the preferred vendor PowerStream in the Amount of $637,763 (based on PowerStream’s estimate) exclusive of GST to expire December 31, 2007;

And that the 2007 Streetlight Re-lamping program contract be awarded to the preferred vendor PowerStream in the Amount of $105,283 (based on PowerStream’s estimate) exclusive of GST to expire December 31, 2007;

And that funds be provided from account # 720 720 4597 Streetlight Maintenance and Repair in the total amount of $743,047 once funding is approved in the Town’s 2007 Operating Budget;

And that the Town and PowerStream continue to work together on an ongoing basis to review options to enhance service delivery and cost efficiencies, share information, and exchange inventory data;

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

(8) SATELLITE COMMUNITY CENTRE BOARDS AND
INFORMATION MARKHAM - FINANCIAL RESULTS 2006 (7.0)

Report 1 2

That the report entitled “Satellite Community Centre Boards and Information Markham Financial Results 2006” be received for information;

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

And that this matter be referred to the Budget Sub-Committee in order to review the potential to increase the annual grant from $3,000 to $5,000 to those Satellite Community Centre Boards that demonstrated a need for additional funding.

(9) 2006 REVIEW OF OPERATIONS (7.4)

That the report dated March 26, 2007 entitled “2006 Review of Operations” be received;

And that the final 2006 Operating Surplus for the Town of Markham (“Town”) and the Waterworks Department be transferred in 2007 to the Town’s respective reserves in accordance with the Town’s reserve policy.

(10) PURCHASE OF SPONSORSHIP – LEARNING PARTNERSHIP
2007 TRIBUTE DINNER, THURSDAY, MAY 3, 2007 (7.9)

That Council purchase 6 tickets for the Learning Partnership 2007 Tribute Dinner – Thursday, May 3. Charged to account 840 8415840. Dinner to be held at the Metro Toronto Convention Centre, Thursday, May 3, 2007.

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

(11) MILMAR COURT SANITARY SEWER SYSTEM

- FEES BY-LAW (7.0)

That the report entitled “Milmar Court Sanitary Sewer System – Fees By-law” be received;

And that Council enact a Fees By-law pursuant to Section 391 of the Municipal Act 2001;

And that the Finance Department be authorized to collect the total project costs for the Milmar Court Sanitary Sewer System from the six property owners of Milmar Court (as set out in the Fees By-law) in the amount of $27,969.53 per lot;

And that the costs per lot be paid as either an interest free lump sum payment or annually up to a maximum of fifteen (15) years accruing interest at the same rate as the current Region of York 15 Year Debenture Rate, 4.6% calculated annually in advance;

And that any unpaid amounts be added to the tax account of each property owner;

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

(By-law 2007-65)

(12) CACHET ESTATES/GLENBOURNE PARK DRIVE WATER
DISTRIBUTION SYSTEM – FEE BY-LAW (7.6)

That the report entitled “Cachet Estates/Glenbourne Park Drive Water Distribution System – Fee By-Law” be received;

And that Council enact a fee (attached) By-law pursuant to Section 391 of the Municipal Act 2001 for costs associated with the water distribution system;

And that the Finance Department be authorized to collect the total project costs for the Cachet Estates/Glenbourne Park Drive water distribution system from the area property owners(as set out in the fee By-law) in the amount of $22,000 per lot;

And that the costs per lot be paid as either an interest free lump sum payment or annually up to a maximum of ten (10) years accruing interest at the same rate as the current Region of York debenture rate (4.4%), calculated annually in advance;

And that any unpaid amounts be added to the tax account of each property owner;

And that remaining funds $392,968.82 be transferred to the Operations Department for the paving restoration work within this area;

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

(By-law 2007-66)

(13) 2007 CELEBRATE MARKHAM GRANTS ALLOCATION BY
THE GRANTS SUB-COMMITTEE (7.6)

Report 1 2

That the proposal to increase the grant amount for the Unionville Festival, Markham Festival, Thornhill Festival, Doors Open Markham, Taste of Asia Festival and the Markham Jazz Festival from $7,500 to $8,500 be referred back to the Grants Sub-Committee for further review of their financial statements;

And that the allocation of $4,750 to Tourism Markham recommended by the Grants Sub-Committee be approved and that Tourism Markham report back to General Committee before the money is spent;

And that all other Celebrate Markham Grants recommended by the Grants Sub-Committee’s 2007 Allocation be approved;

And that the Grants Sub-Committee’s recommended increase for 2007 Celebrate Markham Grants budget, in the amount of $7,450, be included in the proposed 2007 Operating Budget;

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

(14) PRESENTATION AND REPORT ON JOINT PORTAL
BUSINESS CASE REPORT (12.0)

That the report dated April 2, 2007, entitled “Joint Portal Business Plan” be received;

And that Staff proceed with the issuance of an RFP for the procurement of a joint portal solution for the York Region and Town of Markham

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

(15) SUZIE GARDEN AWARD PROGRAM UPDATE (3.0)

That improvements to the Susie Garden Award Program as recommended by the Susie Garden Award Program Committee be approved;

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

(16) FRIENDS OF THE MARKHAM MUSEUM – MEMORANDUM OF
UNDERSTANDING AND ARTICLES OF INCORPORATION (6.7)

Report 1 2 3 4 5

That the report titled “Friends of the Markham Museum – Memorandum of Understanding (MOU) and Articles of Incorporation” be received;

And that the Memorandum of Understanding attached as Appendix A be approved subject to the removal of the words “and shall be considered based on recommendations from the Executive Committee” from clause 4(c) and any other similar language found in the document;

And that the Business Case Study attached as Appendix B be adopted;

And that the draft Objects, draft Statement of Activities and draft By-law No. 1 for the Friends of the Markham Museum attached as Appendix C be approved subject to any minor amendments required in consultation with Canada Revenue Agency, the Public Guardian and Trustee or any other Provincial Government Agencies;

And that Staff be authorized to make an application for incorporation for the creation of the Friends of the Markham Museum as an Ontario non-share capital, charitable corporation in a form satisfactory to the Town Solicitor and the Commissioner of Community and Fire Services;

And that the Mayor, the Chief Administrative Officer, the Commissioner of Community & Fire Services and the Town Solicitor be authorized to act as the Applicants and First Directors of the Friends of the Markham Museum corporation;

And that the Mayor and Clerk be authorized to execute the Memorandum of Understanding between the Town and the Friends of the Markham Museum in a form satisfactory to the Town Solicitor and the Commissioner of Community and Fire Services;

And that once the Friends of the Markham Museum has been incorporated that By-law No. 4-77 be repealed, the Museum Advisory Board be disbanded, and the Terms of Reference for the Museum Advisory Board be rescinded;

And that the Endowment Fund for the museum be transferred to the Foundation ($51,171.79 as of March 31, 2007);

And that the Town will provide the Friends of the Markham Museum with routine secretarial, financial and legal assistance;

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

(17) STATUS REPORT ON THE ONTARIO POWER AUTHORITY’S
INTEGRATED POWER SYSTEM PLAN (IPSP) (5.7)

Report 1 2

That the Report titled, “Status Report on the Ontario Power Authority’s Integrated Power System Plan (IPSP)” be received and forwarded to the Honourable M. Chan, M.P.P., Markham, the Honourable M. Racco, M.P.P., Vaughan-Thornhill, the Honourable D. Duncan, Provincial Minister of Energy, and to all Members of the Aurora-Markham Hydro One Task Force;

That Council supports the position that efforts on Conservation Demand Management (CDM) should be given priority and emphasized within the Province’s IPSP;

That Council supports the position that a greater system planning emphasis and dependence on distributed generation and district energy technologies in communities be included within the Province’s IPSP;

That Council supports an “integrated solution” for supply to Northern York Region comprised of: Demand Reduction; New Transformer Station capacity; and Local Generation as adopted by Council on September 27, 2005;

That The Town of Markham is strongly opposed to a transmission contingency solution for Northern York Region and requests the OPA to expedite supply options to Northern York Region that do not include transmission solutions;

That Council supports submission of this Report to the Ontario Power Authority, the Ontario Energy Board, Hydro One, PowerStream, Region of York, and the Ministry of Energy;

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

(18) RECREATION DEPARTMENT ORGANIZATIONAL REVIEW (6.0)

Report Presentation 1 2

That the report titled Recreation Department Organizational Review be received;

And that $224,276 be included in the 2007 budget for the Organizational Model for Recreation Services subject to a report forthcoming from staff to General Committee and Council with respect to the implementation process and final approval of the model;

And that John Ryerson be appointed as Acting Director of the Culture portfolio;

And that the Culture portfolio report directly to the Commissioner of Community & Fire Services.

CARRIED

4(b) REPORT NO. 24 - DEVELOPMENT SERVICES COMMITTEE

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

That Report No. 24 - Development Services Committee (April 17, 2007) be received and adopted.

(1) DELEGATION OF COUNCIL APPROVAL
ONTARIO HERITAGE ACT (10.0)

That pursuant to the provisions of the Ontario Heritage Act, the power to consent to alterations to property designated under the Ontario Heritage Act (Part IV or Part V) be delegated to the Manager of Heritage Planning as per the By-law attached as Appendix A to the report titled “Delegation of Council Approval Ontario Heritage Act”, dated April 17, 2007;

And that the By-law attached as Appendix A be enacted by Council;

And that staff provide regular updates to Development Services Committee on delegated approvals for grants under the Commercial Signage Replacement Program;

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

(By-law 2007-67)

(2) VIC TOU DEVELOPMENTS INC.
APPLICATIONS FOR OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENTS AND
SITE PLAN APPROVAL TO PERMIT A
MEDICAL CLINIC FACILITY AT 7543 KENNEDY ROAD,
EAST SIDE OF KENNEDY ROAD
SOUTH OF HIGHGLEN AVENUE
FILE NOS.: OP 05 021516, ZA 05 021522 AND SC 05 021528 (10.3, 10.6)

That the Official Plan Amendment application (OP 05 021516) submitted by Vic Tou Developments Inc. to permit a Medical Clinic Facility at 7543 Kennedy Road, on the east side of Kennedy Road, south of Highglen Avenue, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;

And that the Zoning By-law Amendment application (ZA 05 0211522) to amend By-law 90-81, as amended, submitted by Vic Tou Developments Inc. to permit a Medical Clinic Facility at 7543 Kennedy Road, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’, be finalized and enacted;

And that the Site Plan Control application (SC 05 021528) submitted by Vic Tou Developments Inc. to permit a Medical Clinic Facility at 7543 Kennedy Road, be endorsed in principle, subject to the conditions attached as Appendix “C”;

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement. Site Plan approval is issued only when the Director has signed the site plan.

(By-laws 2007-68 and 2007-69)

(3) 1685904 ONTARIO INC.
4600 STEELES AVENUE EAST
(NORTH-EAST CORNER OF STEELES AVENUE EAST
AND THE FUTURE MIDLAND AVENUE EXTENSION)
REZONING APPLICATION TO PERMIT A
MIXED-USE DEVELOPMENT ZA 06 126186 (10.5)

That the staff report entitled “RECOMMENDATION REPORT – 1685904 Ontario Inc. – 4600 Steeles Avenue East (North-east corner of Steeles Avenue East and the future Midland Avenue extension) – Rezoning application to permit a mixed-use development”, dated April 17, 2007, be received;

And that the deputations from Mr. J. Shirodker, on behalf of Milliken Mills East Ratepayers Association, and Mr. R. Vinluan, local resident, outlining concerns with the proposed development be received;

And that the zoning amendment application (ZA 06 126186) to amend By-law 177-96, as amended, be approved as outlined in the staff report and the draft implementing zoning by-law amendment attached as Appendix ‘A’ be finalized and enacted;

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

(4) DEVIATION ROAD PARKING PROHIBITION (5.10)
Report Attachment 1 By-law

That the report titled “Deviation Road Parking Prohibition” dated April 23, 2007, be received;

And that the attached By-law to amend Schedule “C” of Traffic By-law 2005-188, pertaining to “Prohibited Parking”, by including the south side of Deviation Road be approved;

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

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

(By-law 2007-70)

(5) BAY THORN DRIVE AND INVERLOCHY BOULEVARD
– PROPOSED ADULT SCHOOL CROSSING GUARD (5.12)

That the report entitled “Bay Thorn Drive and Inverlochy Boulevard – Proposed Adult School Crossing Guard Service” be received;

And that the Engineering Department be authorized to establish an adult school crossing guard service at the intersection of Bay Thorn Drive and Inverlochy Bloulevard, at a cost of $4,628.40 per year, exclusive of GST;

And that the adult school crossing guard service be funded through the proposed 2007 budget, account 640-998-5642;

And that the proposed 2007 operating budget increase to the adult school crossing guard account, in the amount of $23,000, be pre-approved;

And that the Operations Department be directed to install school crossing signs, crosswalk pavement markings, concrete surfaces and relocate the stop bar at the subject location;

And that Staffing Services, the Town’s Adult School Crossing Guard contractor, be directed to provide the services of an adult school crossing guard at the intersection of Bay Thorn Drive and Inverlochy Boulevard upon completion of the subject works by the Operations Department;

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

(6) TERMS OF REFERENCE FOR THE MAIN STREET
MARKHAM CLASS ENVIRONMENTAL ASSESSMENT (16.39)

That the report dated April 16, 2007, entitled “Terms of Reference for the Main Street Markham Class Environmental Assessment” be received;

And that the Terms of Reference for the Main Street Markham Class Environmental Assessment be endorsed;

And that staff report back to Council in June 2007 with a recommendation for award

of the consulting contract for the project.

CARRIED

4(c) REPORT NO. 25 - DEVELOPMENT SERVICES PUBLIC MEETING

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

That Report No. 25 - Development Services Public Meeting (April 17, 2007) be received and adopted.

(1)        MILLER PAVING LIMITED
            7781 WOODBINE AVENUE
            DRAFT PLAN OF SUBDIVISION (19TM-06001)
            AND IMPLEMENTING ZONING AMENDMENT APPLICATIONS
            TO CREATE INDUSTRIAL AND COMMERCIAL DEVELOPMENT
            BLOCKS ON THE EAST SIDE OF WOODBINE AVENUE
            NORTH OF 14TH AVENUE (SU.06-105672 AND ZA.04-017225) (10.5, 10.7)

That the Development Services Commission report dated December 12, 2006 entitled "Recommendation Report, Miller Paving Limited, 7781 Woodbine Avenue, Draft Plan of Subdivision (19TM-06001) and implementing zoning amendment applications to create industrial and commercial development blocks on the east side of Woodbine Avenue, north of 14^th Avenue (Files SU. 06-105672 and ZA. 04-017225), be received;

And that the record of the Public Meeting held on April 17, 2007 with respect to the proposed technical amendment to Official Plan Amendment 146 be received;

And that the application by Miller Paving Limited to amend Official Plan Amendment 146 be approved;

And further that the proposed technical amendment to Official Plan Amendment 146 be enacted without further notice.

(2)        WORLD TECH CONSTRUCTION INC.
            (MOHAMMED KHAN IN TRUST)
            93 HELEN AVENUE, SOUTH UNIONVILLE
            ZONING AMENDMENT APPLICATION UP-DATE (ZA 05 019772) (10.5)

That the staff report dated March 6, 2007, entitled "World Tech Construction Inc. (Mohammed Khan in Trust) - Application for zoning by-law amendment - File ZA 05 019772" be received;

And that the Record of the Public Meeting held on April 17, 2007 with respect to the proposed amendment, be received;

And further that the application to revise Schedule A to By-law 2006-331 be enacted without further notice.

(By-law 2007-71)

(3)        BRAWLEY MANOR CORPORATION
            NORTH OF 16^TH AVENUE, EAST OF MINGAY AVENUE
            WISMER COMMONS COMMUNITY
            PLAN OF SUBDIVISION AND IMPLEMENTING ZONING BY-LAW
            AMENDMENTS SU 02 115478 (19TM-02010 - PHASE 6), ZA 02 115483
            (10.5, 10.7)

That the Record of the Public Meeting held on April 17, 2007 with respect to applications SU 02 115478 (19TM-02010 – Phase 6) and ZA 02 115483 submitted by Brawley Manor Corporation for draft plan of subdivision approval and amendments to Zoning By-laws 304-87 and 177-96, be received;

And that draft plan of subdivision 19TM-02010 – Phase 6 be referred back to staff for further review and approval under section 2 (b) (iv) of Delegation By-law 2002-202, as amended

And that amendments to Zoning By-laws 304-87 and 177-96 to implement draft plan of subdivision 19TM-02010 – Phase 6 be finalized for enactment.

(4)        WYKLAND ESTATES INC.
            49 COLCHESTER STREET, CORNELL COMMUNITY
            ZONING BY-LAW AMENDMENT TO PERMIT CONSTRUCTION
            OF A SINGLE-DETACHED DWELLING (ZA 06 135585) (10.5)

That the report from the Development Services Commission dated February 20, 2007, entitled “Preliminary Report, Wykland Estates Inc., Application for Zoning By-law Amendment to permit the construction of a single-detached dwelling at 49 Colchester Street, in the Cornell Community” be received;

That the Record of the Public Meeting held on April 17, 2007, with respect to the proposed amendment to By-law 304-87 and 177-96, as amended, be received.

That the application by Wykland Estates Inc. to amend By-law 304-87and 177-96, as amended, be approved;

And that the proposed amendment to By-law 304-87 and 177-96, as amended, be enacted without further notice.

(By-laws 2007-72 and 2007-73)

CARRIED

4(d) REPORT NO. 26 - GENERAL COMMITTEE

Council consented to add Report No. 26.

Moved by Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

That Report No. 26 - General Committee (April 23, 2007) be received and adopted.

(1) PURCHASE OF SPONSORSHIP – CANADIAN URBAN
INSTITUTE’S URBAN LEADERSHIP AWARDS – JUNE 14, 2007 (7.9)

That Council purchase a table of ten (10) for the Canadian Urban Leadership Awards 2007 in the amount of $1,500 charged to account 840 8415840. Luncheon and awards to be held at the Royal York Hotel, Canadian Room on Thursday, June 14, 2007 at 11:30 a.m.;

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

(2)        AWARD OF TENDER #013-T-07
            2007 RELINING OF CAST IRON
            AND DUCTILE WATERMAINS (5.4)

That the titled “Award of Tender #013-T-07 2007 Relining of Cast Iron and Ductile Watermains” be received;

And that the contract for 2007 Relining of Cast Iron and Ductile Watermains be awarded to the lowest priced bidder, Spiniello Companies in the total amount of $928,162.00 exclusive of GST;

And that a contingency in the amount of $100,000.00 exclusive of GST be established to cover any additional construction costs and that the Director of Operations be authorized to approve expenditure of this contingency amount up to the specified limit and to provide a monthly statement of these expenditures to the Town Treasurer;

And that the pre-approval be granted for an additional amount of $28,162.00 from the 2007 Capital budget account 053-6150-7667-005;

And that this contract be drawn from the pre-approved 2007 Capital Budget Account 053-6150-7667-005 as listed below in the amount of $1,028,162.00, exclusive of GST;

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

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

CARRIED

5. MOTIONS

Council consented to add Motions (3) to (7).

(1) RENAMING OF HIGHWAY 7 FROM
DONALD COUSENS PARKWAY TO MAIN STREET MARKHAM (10.14)

Moved by Councillor J. Webster

Seconded by Councillor J. Virgilio

Whereas Highway 7 has been transferred from the Province to the Region from a point just east of the Donald Cousens Parkway to Main Street Markham; and

Whereas the urban plan is to create a streetscape more representative of a community than a Provincial Highway;

Therefore be it resolved that the Town of Markham Staff be requested to do whatever is necessary to start the process of changing the name of Highway 7 along the entire length of the Town of Markham to something more suitable and in keeping with Town and Region guidelines, practices and policies, as well as public input; and

That staff report back to the Development Services Committee with a report explaining the jurisdictional issues and process involved.

CARRIED

(2) THORNHILL MARKHAM HERITAGE CONSERVATION
DISTRICT PLAN (10.0)

Moved by Councillor V. Burke

Seconded by Regional Councillor J. Heath

Whereas the guidelines in the Thornhill Markham Heritage Conservation District Plan – 1986, which is the latest and most current plan, states in Section 3.4.1.5:

“The height of new residential buildings should not be less than 80% and not more than 120% of the average height of the residential buildings on immediately adjacent properties. Historically appropriate heights for new residential buildings are considered to be 1-1/2 or 2 storeys, subject to an actual height in metres compatible with immediately adjacent buildings and complying with zoning provisions. The height of the St. Vladimir Church steeple (12 metres) is the maximum height considered appropriate for commercial buildings on Yonge Street in the District.”; and

Whereas the community has consistently resisted any recommendations which would allow a greater height, under any circumstances within the whole of the conservation district, than the heights specified in Section 3.4.1.5 above - especially for the short distance from John Street north to the Don River for buildings facing Yonge Street; and

Whereas, this portion of Yonge Street is one of only two Heritage Conservation Districts from Lake Ontario to the Lakehead which still shows heritage aspects of early Ontario; and

Whereas the draft Thornhill-Markham Heritage Conservation District Plan – 2006 states:

“The goal and objectives of the 1986 Plan have been largely sustained, and the District has been successful in preserving its heritage resources and heritage character.”; and

Whereas, this commendable objective would not be achieved if Section 3.4.1.5 in the 1986 plan were to be changed;

Therefore be it resolved that Council endorse the wording of, and direction contained in, Section 3.4.1.5 in the 1986 plan, and that this be reflected in the Thornhill Markham Heritage Conservation District Plan – 2006 when the final version is brought forward for approval to Council, and that no special policies which would modify or be contrary to the wording of and the direction contained in Section 3.4.1.5, such as “bonusing,” be included in the new plan.

CARRIED

(See following unanimous recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (11)

ABSENT: Councillor J. Virgilio, Councillor A. Chiu. (2)

(3) THORNHILL MARKHAM HERITAGE CONSERVATION
DISTRICT PLAN - CORRESPONDENCES (10.0)

Moved by Regional Councillor G. Landon

Seconded by Councillor C. Moretti

That the communications from Lorne Smith, Official Historian and Heather Morris, Chair, Annswell Court, forwarding support and comments regarding the motion for the Thornhill Markham Heritage Conservation District Plan, be received.

CARRIED

(4) 2007 ADVISORY COMMITTEE/BOARD
APPOINTMENTS (16.24)

Moved by Councillor C. Moretti

Seconded by Regional Councillor G. Landon

That the following persons be appointed to the Canada Day Committee for a term to expire November 30, 2007:

- Javaid Khan

- Samuel Carr

CARRIED

(5) RAIN STORM - APRIL 23, 2007 (12.2.6)

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That staff of the Fire Services and Operations & Asset Management Departments, as well as the staff of Powerstream, be commended for their outstanding efforts in dealing with the April 23, 2007 rain storm.

CARRIED

(6) MARKHAM RACE RELATIONS COMMITTEE
- MANY FACES OF MARKHAM (12.2.6)

Moved by Regional Councillor T. Wong

Seconded by Councillor E. Shapero

That Council thank the Markham Race Relations Committee Members for their excellent efforts in the Many Faces of Markham event.

CARRIED

(7) MARKHAM CONSERVATION COMMITTEE
- EARTH DAY (12.2.6)

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

That Council thank the Markham Conservation Committee Members for organizing the successful event of Earth Day.

CARRIED

6. COMMUNICATIONS

Council consented to add Communications 28-2007 and 29-2007.

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor T. Wong

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

Referred to all Members of Council

26-2007 Markham and East York Agricultural Society - Requesting an approval from the Town of Markham for the application of Special Occasion Liquor Permit to operate an entertainment lounge at the Markham Fair being held from September 27 to September 30, 2007 and to designate the Fair as a Community Festival with respect thereto. (3.21)

Letter

27-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Gal's Sushi Japanese Restaurant, 3621 Highway No. 7 East, Units 106 to 109 (indoor) (3.21)

Info

28-2007 Lorne Smith, Official Historian - Forwarding support and comments regarding the motion for the Thornhill Markham Heritage Conservation District Plan. (10.0) (Motion 2)

29-2007 Heather Morris, Chair, Annswell Court - Forwarding support and comments regarding the motion for the Thornhill Markham Heritage Conservation District Plan. (10.0) (Motion 2)

Letter

CARRIED

7. PROCLAMATION

Moved by Regional Councillor T. Wong

Seconded by Councillor C. Moretti

That Proclamation (1) be received and adopted.

(1) PROCLAMATIONS (3.4)

Info

That the following be proclaimed in the Town of Markham:

- Emergency Preparedness Week - May 6 to 12, 2007

- South Asian Heritage Day - May 12, 2007

- Children's Mental Health Week - May 7 to 13, 2007

- National Public Works Week - May 20 to 26, 2007

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

CARRIED

8. OTHER BUSINESS

(1) ARMENIAN GENOCIDE MEMORIAL DAY (12.2.6)

Regional Councillor J. Heath advised that he intends to introduce a notice of motion acknowledging the Armenian Genocide Memorial Day to recognize the genocide that took place in Armenia during World War 2.

9. BY-LAWS

Council consented to add By-laws 2007-78 to 2007-80.

Moved by Deputy Mayor J. Jones

Seconded by Regional Councillor T. Wong

That By-laws 2007-65 to 2007-76 and By-laws 2007-78 to 2007-80 be given three readings and enacted.

Three Readings

BY-LAW 2007-65 A by-law to levy the actual cost of construction of the sanitary sewer on Milmar Court.
(Clause 11, Report No. 23, 2007)

BY-LAW 2007-66 A by-law to levy the actual cost of construction of the watermain distribution system in Cachet Estates/Glenbourne Park Drive.
(Clause 12, Report No. 23, 2007)

BY-LAW 2007-67 A by-law to delegate certain assigned Council authority under the Ontario Heritage Act for the power to consent to the alteration of designated property.
(Clause 1, Report No. 24, 2007)

BY-LAW 2007-68 A by-law to adopt Official Plan Amendment No. 160 (Vic Tou Developments Inc. 7543 Kennedy Road, east side of Kennedy Road, south of Highglen Avenue - To permit a medical clinic facility).
(Clause 2, Report No. 24, 2007)

BY-LAW 2007-69 A by-law to amend Zoning By-law 90-81, as amended (Vic Tou Developments Inc. 7543 Kennedy Road, east side of Kennedy Road, south of Highglen Avenue - To permit a medical clinic facility).
(Clause 2, Report No. 24, 2007)

BY-LAW 2007-70 A by-law to amend Parking By-law 2005-188 (Deviation Road parking prohibition).
(Clause 4, Report No. 24, 2007)

BY-LAW 2007-71 A by-law to amend Zoning By-law 177-96, as amended (World Tech Construction Inc. (Mohammed Khan in Trust) 93 Helen Avenue, Part of Lot 12 on Plan 2196 - To revised Schedule 'A' of By-law 2006-331 in order to permit the development of 6 single detached residential units and a neighbourhood parkette).
(Clause 2, Report No. 25, 2007)

BY-LAW 2007-72 A by-law to amend Zoning By-law 304-87, as amended (Wykland Estates Inc., 49 Colchester Street - To delete subject lands from the designated area By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit a single-detached dwelling).
(Clause 4, Report No. 25, 2007)

BY-LAW 2007-73 A by-law to amend Zoning By-law 177-96, as amended (Wykland Estates Inc., 49 Colchester Street - To permit a single-detached dwelling).
(Clause 4, Report No. 25, 2007)

BY-LAW 2007-74 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update Officers' List and Private Property Enforcement Agencies).

BY-LAW 2007-75 A by-law to amend Zoning By-law 177-96, as amended (1147389 Ontario Ltd., 84, 85, 86, 87 Avoca Drive & 144, 145, 146, 147 Valentina Drive, Lots 1, 2, 141, 142, 143, 144, 169 & 170 on 65M-3178, South Unionville - To remove (H) Hold provision to permit the construction of 8 single detached units).

BY-LAW 2007-76 A by-law to amend Zoning By-law 177-96, as amended (Ballygarden Homes, northwest corner of 9th Line and Rouge Bank Drive (3, 5, 7, 9 and 11 Rouge Bank Drive and 1, 3, 5, 7, 9 and 11 White Bluff lane) - To remove (H) Hold provision and to permit residential development).

BY-LAW 2007-78 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Flato Management Inc., 87 Avoca Drive, north of Castan Avenue, west of Avoca Drive, Lot 143, Plan 65M-3178).

BY-LAW 2007-79 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control(Winter Garden Estates Inc., south of 14 Avenue, east of 9th Line, Blocks 229, 231, 232 and 233, Plan 65M-3976).

BY-LAW 2007-80 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Home Sport Properties Inc., south of 14 Avenue, east of 9th Line, Blocks 45, 47, 49 and 50, Plan 65M-3975).

CARRIED

10. CONFIRMATORY BY-LAW

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

That By-law 2007-77 be given three readings and enacted.

Three Readings

BY-LAW 2007-77 A by-law to confirm the proceedings of the Council meeting of April 24, 2007.
(Council Meeting No. 8, 2007)