Frank Reddick Markham Counc

8/8/2019 Frank Reddick Markham Counc

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2007-06-26

COUNCIL MINUTES Council Chamber, Civic CentreMeeting No. 12

ROLL CALLMayor 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, Councillor A. Chiu. (12)

REGRETCouncillor J. Virgilio.

The Regular Meeting of Council was held on June 26, 2007 at 7:00 p.m. in the Council Chamber, CivicCentre. Mayor F. Scarpitti presided.

STAFFJ. Livey, Chief Administrative OfficerJ. Baird, Commissioner of Development ServicesA. Taylor, Commissioner of Corporate ServicesS. Birrell, Town ClerkK. Kitteringham, Deputy ClerkC. Conrad, Town SolicitorB. Cribbett, TreasurerB. Nanninga, Executive AssistantP. Loukes, Director of OperationsA. Seabrooke, Director of Strategic ServicesJ. Wong, Technology Support Specialist

1. DISCLOSURE OF PECUNIARY INTEREST

Regional Councillor G. Landon and Councillor J. Webster declared a conflict of interest with respect toClause (12), Report No. 44 (The Markhaven Foundation) as they both sit on the Board of Directors forthe Foundation, and did not take part in the consideration or discussion of or vote on the question of theapproval of such matter.

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10/27/2010http://www.markham.ca/markham/ccbs/indexfile/Agendas/2007/Council/cl070911/cl070...


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2. MINUTES

(1) COUNCIL MINUTES - JUNE 12, 2007 (16.0)Minutes

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That the Minutes of the Council Meeting held on June 12, 2007, be adopted.CARRIED

3. PRESENTATIONS

(1) MILLENNIUM SCHOLARSHIP FOUNDATION ENTRANCE AWARD (12.2.6)

Council honoured and congratulated the recipients of the Millennium Scholarship Foundation EntranceAward.

There are three levels of entrance awards:National - 100 awards of $5,000, renewable to a maximum of $20,000.Provincial/Territorial - 241 awards of $4,000, renewable to a maximum of $16,000.Local - 711 one-time awards of $4,000.

Local and regional awards are distributed in each province and territory based on their share of theCanadian population, while national awards are allocated to the most exceptional applicants across thecountry, regardless of provincial and territorial quotas.

Names Award LevelsBalendra, Vyshnavy Local

Chan, Chrystal Local

Cui, Xiao Carol Provincial

Dhillon, Ambreen Local

Jung, Jeffrey Local

Lalani, Farah Local

Lin, Tinya Local

Lu, Sophia Local

Marisetti, Aditi Provincial

Pak, Catherine Local

Su, Janet Local

Whittamore, Taylor Provincial

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(2) CO-CHAIRS OF MAYORS YOUTH TASK FORCE (12.2.6)

Council recognized and thanked the following Co-Chairs for their significant contributions to theMayor's Youth Task Force. Council also extended their best wishes and wish them every success asthey leave to go to university.

Ben Bigio - 7 yearsAditi Marisetti - 3 years

4. DELEGATIONS

(1) Ron Hendrix, Catholic Cemeteries Archdiocese of Toronto, addressed Council on the proposedpesticide by-law regulating the non-essential use of pesticides on public and private property andspoke against the inclusion of cemeteries in the by-law, while excluding golf courses and lawnbowling greens. (5.7 & 6.3)

(Clause 8, Report No. 40, 2007)

(2) Asifa Sheikh, Canadian Cancer Society, addressed Council on the proposed pesticide by-lawregulating the non-essential use of pesticides on public and private property and indicatedsupport with respect thereto. (5.7 & 6.3)(Clause 8, Report No. 40, 2007)

(3) David Jordan, 125 John Street, President of the Thornhill Conservation District RatepayersAssociation, addressed Council to speak in favour of the Thornhill Markham ConservationDistrict Plan and suggested new residents to the area receive a copy of the Plan. (10.0)(Clause 8, Report No. 41, 2007)

(4) Tracy MacKinnon, Unionville BIA, addressed Council regarding the amendment to festivalname "Jazz on Main". (3.5)(Communication 46-2007)

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5. PETITIONS

(1) PETITIONS SIGNED BY THE PROPERTY OWNERS ONCAROLWOOD CRESCENT AND PALATIN COURT- WATER SERVICES FEASIBILITY STUDY (5.3)Petition

Moved by Regional Councillor G. LandonSeconded by Councillor A. Chiu

Petitions signed by the property owners on Carolwood Crescent and Palatin Court to request the Townof Markham conduct a feasibility study with respect to the provision of municipal water services on theirproperties.

CARRIEDRECEIVED AND REFERRED TO

DIRECTOR OF ASSET MANAGEMENT

(2) PETITIONS SIGNED BY THE RESIDENTS ON FINCHLEY CIRCLE- CATERPILLARS INFESTATION ON TREES (5.0)Petition

Moved by Councillor D. HorchikSeconded by Councillor V. Burke

Petitions signed by the residents on Finchley Circle to request the Town of Markham resolve theinfestation of caterpillars on their street be received and referred to the Director of Operations.

CARRIED

RECEIVED AND REFERRED TODIRECTOR OF OPERATIONS

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6(a) REPORT NO. 39 - GENERAL COMMITTEE (June 11, 2007)

Council consented to separate Clauses (10), (11) and (15).

Moved by Councillor A. ChiuSeconded by Councillor E. Shapero

That Report No. 39 - General Committee be received and adopted.

(1) INFORMATION MARKHAM: TOURISM MARKHAMFUNDING UPDATE (12.2.6, 3.17)

That the presentation by Mr. P. Miller, Chair, Information Markham, regarding Tourism Markham bereceived and that the $4,750 originally budgeted by the Town for the program be released to InformationMarkham.

(2) DEVELOPMENT CHARGES INDEXING JULY 1, 2007 (7.3)Report 1

That the report titled Development Charges Indexing July 1, 2007 be received;

And that Council approve an increase in development charges of 2.8%, effective July 1, 2007.

(3) DEVELOPMENT CHARGE DEFERRAL BOX GROVEHILL DEVELOPMENTS INC. (7.3)Report 1

That the report titled Development Charge Deferral Box Grove Hill Developments Inc. be received;

And that the Mayor and Clerk be authorized to execute an agreement with Box Grove HillDevelopments Inc for the deferral of the Town Wide Hard and Area Specific development charges on2.884 hectares of land pending the approval of the land severance application B16/07 on Block 185,Plan 65M-3907, in a form satisfactory to the Town Solicitor;

And that the agreement provide that the Town Wide Hard and Area Specific Development Charge bedeferred pending the approval of the land severance application B16/07 to be considered by theCommittee of Adjustment on June 13, 2007;

And that the agreement provide that in the event the land severance application is not approved, that theTown Wide Hard and Area Specific Development Charges be immediately payable on the 2.884hectares;

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And that the agreement provide that in the event the land severance application is not approved, and BoxGrove Hill Developments Inc. does not provide payment, that the Town Wide Hard and Area SpecificDevelopment Charges on the 2.884 hectares be added to the tax roll in accordance with section 32 of theDevelopment Charges Act, 1997;

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

(4) SPONSORSHIP OF THE 2007 CANADIAN CHAMBEROF COMMERCE ANNUAL GENERAL MEETINGIN MARKHAM (10.16, 12.2.6).Report 1

That the report dated June 11, 2007 entitled Sponsorship of the 2007 Canadian Chamber of CommerceAnnual General Meeting in Markham be received;

And that the Town of Markham sponsors the Canadian Chamber of Commerce event in 2007, in the

amount of $10,000;

And that the one-time funding be provided for from the Corporate Contingency account, 840-841-7849;


(5) AWARD OF TENDER 052-T-07 CONSTRUCTION OFVILLAGES OF FAIRTREE COMMUNITY PARK (7.12)Report

That the report entitled Award of Tender 052-T-07, Construction of Villages of Fairtree Community

Park be received;

And that the contract for Tender 052-T-07 for the construction of Villages of Fairtree Community Parkbe awarded to the lowest priced qualified bidder, Gateman-Milloy Inc. in the amount of $1,368,321.79,exclusive of GST;

And that a contingency in the amount of $136,832.00 exclusive of GST, be established to cover anyadditional construction and consultant costs and that the Director of Planning and Urban Design beauthorized to approve expenditure of this contingency amount up to the specified limit and to provide amonthly statement of these expenditures to the Town Treasurer;

And that the award be funded from Planning and Urban Designs Capital Budget account 81-5350-6259-005, Villages of Fairtree Community Park in the amount of $1,445,900.00 and account 81-5350-6654-

005, Wismer Neighborhood Park 3 in the amount of $149,863;

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

And further that staff be authorized and directed to do all things necessary to give effect to thisresolution.

(6) AWARD OF TENDER 060-T-07 CONSTRUCTION OFORCHARD VIEW NEIGHBOURHOOOD PARK (7.12)Report

That the report entitled Award of Tender 060-T-07, Construction of Orchard View NeighbourhoodPark be received;

And that the contract for Tender 060-T-07 for the construction of Orchard View Neighbourhood Park beawarded to the lowest priced bidder, Zuron Construction Inc in the amount of $405,312.72 exclusive ofa $40,531.00 contingency and GST;

And that a consultant and construction contingency amount of $40,531.00 exclusive of GST, beestablished to cover additional consultant/construction costs and that the Director of Planning & UrbanDesign or designate be authorized to approve expenditures of this contingency amount up to thespecified amount in accordance with the Expenditure Control Policy;

And that staff be authorized to issue a PO in the amount of $28,788.76 for Madison Homes Ltd. forfinancing the design work of Orchard View Neighbourhood Park;

And that staff be authorized to retain Cosburn Giberson for contract administration services in theamount of $15,500 on a non-competitive procurement basis pursuant to Purchasing By-law 2004-341,Part II, Section 7 (1c);

And that the above be funded from Planning and Urban Designs Capital Budget account81-5350-7626-005, Greensborough N.P. Orchard View in the amount of $494,400.00 and account 81-5350-6654-005, Wismer Neighbourhood Park 3 in the amount of $33,172.48;

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

And that further staff be authorized and directed to do all things necessary to give effect to thisresolution.

(7) EXTENSION OF CONTRACT 133-T-06 CCTV INSPECTIONOF SANITARY AND STORM SEWER MAINS (5.5, 7.12)Report

That the report entitled Extension of Contract 133-T-06 CCTV Inspection of Sanitary and Storm SewerMains be received;

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And that Contract 133-T-06 for CCTV Inspection of Sanitary and Storm Sewer Mains be extended forTwo (2) years with Veolia ES Sewer Services Inc. in the estimated annual amount of $300,000 totalling$600,000, exclusive of GST;

And that funds for this contract for the 2007 period be drawn fro the 2007 Capital and Operating BudgetAccounts as listed in the financial considerations in the amount of $300,000, exclusive of GST;

And that funds for this contract for the 2008 period, in the amount of $300,000, exclusive of GST, beincluded in the 2008 budget discussion and subject to Council approval;

And that the remaining balance be applied to other sanitary and storm sewer main projects;

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

(8) 2007 CANADIAN OPEN TRAFFICMANAGEMENT PLAN (5.12, 12.2.6)

Report

That authority to enact temporary parking restrictions and road closures, as required to address trafficcirculation for the 2007 Bell Canada Open at Angus Glen Golf Club, be delegated to the Commissionerof Community and Fire Services or designate;


(9) ANNUAL WATER QUALITY REPORTJANUARY- DECEMBER, 2006 (5.3)Report 1

That the Annual (2006) Summary Report to Council as required by Schedule 22 of Ontario Regulation170/03 enclosed herein be received;

And that the Annual (2006) Regulatory Report to Ministry of the Environment (MOE) (AttachmentA), comprised of Parts I, II & III Form 2, III-Form 6 for the Ministry of the Environment on watersupply and quality as required by Section 11 of Ontario Regulation 170/03 be received;

And that Council directs staff to post the Annual (2006) Regulatory Report to MOE on the Townswebsite and that it be made available and provided to residents upon request in hard copy version;


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(10) PROTECTION OF THE WATER DISTRIBUTION SYSTEMTHROUGH BACKFLOW PREVENTION ANDCROSS-CONNECTION CONTROL (5.3)Report 1 By-law

That Council endorse the proposed strategy to implement a backflow prevention and cross-connectioncontrol program for protection of the Markham drinking-water system as set out in this report;

And that Council enact a By-law to regulate cross-connections and backflow prevention on privateplumbing systems in a form substantially similar to Attachment B;

And that staff be authorized and directed to review and bring forward for consideration technologies thatcan reduce the risk and impact of contamination of the drinking-water system due to backflowsoriginating from those properties that are currently exempted from the provisions of the By-law;

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

resolution.(By-law 2007-142)CARRIED

(11) COMMUNITY REUSE DONATION CENTREPROGRAM EXPANSION (5.2, 5.1)Report

That the report titled, Community Reuse Donation Centre Program Expansion be received;

And further that staff be authorized to locate a Goodwill Community Reuse Donation Centre trailer

adjacent to the Markham Village Recycling Depot, similar to that which is located in Thornhill.CARRIED

(12) PROPOSED RESTRUCTURING OF RECREATIONHALL RATES (6.4)Report 1 2 3 4

That the report titled Proposed Restructuring of Recreation Hall Rates be received;

And that the proposed Restructuring of Recreation Hall Rates be approved and implemented September

1, 2007;

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And that Council approve and authorize the Director of Recreation Services to increase fees annuallybased on the change in the Consumer Price Index (CPI) with such increases effective September 1 androunded to the nearest dollar (see Appendix D);

And that By-law 2002-276, a by-law to impose fees and charges for services or activities provided ordone by the Town of Markham, be amended to reflect the new rates;

And further that notice to the public is provided in accordance with By-law 2002-275, a by-law toprescribe the form and manner and times for the provision of reasonable notice;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.(By-law 2007-143)

(13) 2007-2008 ICE ALLOCATION REPORT (6.1)Report 1 2 3 4 5

That the report entitled 2007-2008 Ice Allocation Report be received;

And that Council approve the revised Ice Allocation Policy (Appendix A note changes have beenhighlighted);

And that Council approve the Ice Allocation Schedule (Appendix B) for the 2007-2008 ice season;

And that Council receive the Special Events List (Appendix C) for the 2007-2008 ice season;


(14) 2006 MISSION GREEN PROGRAM UPDATE ANDPROPOSED 2007 PILOT PROJECTS (5.2)Report

Whereas the Town of Markham has a goal to divert 70% of its residential waste from landfill;

And Whereas staff has applied for project funding from the Federation of Canadian MunicipalitiesGreen Municipal Enabling Fund and Stewardship Ontarios Effectiveness & Efficiency Fund;

Be It Now Resolved That the report titled, 2006 Mission Green Program Update and Proposed 2007Pilot Projects be received;

And that Markhams diversion target be increased from 70% to 75% in 2009;

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And that staff be authorized to proceed with developing a pilot project to test the acceptance,compliance and potential diversion impact of residents using transparent bags for curbside residue andblue bags for overflow recycling;

And that the Region of York be requested to support Markhams transparent bag pilot by accepting forrecycling, the overflow blue bags from the pilot area, at the Regions recycling facility;

And that staff be authorized to proceed with developing a Litter Lid pilot project to test a new style ofblue box cover as a potential method for decreasing blue box litter and increasing blue box recyclingcapacity;

And that staff report back on the addition of a third area for the pilot in which transparent bags are usedfor curbside residue;

And that staff bring back information on alternatives for recycling bins and that they include thepossibility of using a larger blue bin with wheels as well as a blue sticker that could be affixed tohousehold bins;

And that the costs to conduct the proposed pilot projects not funded from the Green Municipal EnablingFund or the Stewardship Ontario Effectiveness & Efficiency Fund, to the upset limit of $49,000, beoffset by favourable 2007 Waste Diversion Ontario Blue Box funding;

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

(15) TURF MAINTENANCE REPORT (5.7, 6.3)Report 1 2 3

That the staff report entitled Turf Maintenance Report be received;

And that the implementation of cultural practices on Town properties as part of the OperationsDepartments turf maintenance program be approved in principle;

And that Council approve implementation of Year One of the proposed Five Year Turf StandardsImplementation Plan attached as Appendix A, at a cost of $88,423.00 in the 2007 Parks/OperationsOperating Budget (Account #730-732-5415), and $200,000.00 in the 2007 Parks/Operations CapitalBudget (Enhanced Cultural Practices Account #059-5350-7503-005);

And that years two to five of the Five Year Turf Standards Implementation Plan (Appendix A) be

included annually in the Parks/Operations Operating and Capital Budget submissions from 2008 to 2011for Councils consideration;

And that staff be authorized to engage an organic turf management company to address the issue ofweeds;

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And that staff be authorized to implement Sports field Rehabilitation Strategy 2 for up to ten (10) Blevel sports fields with greater than 50% weed populations, as outlined in the "Turf MaintenanceReport";

And that Development Services incorporate recommendations from the Operations Department toimprove both the design and construction practices for new sports field construction in all new park

construction projects;

And that the Director of Strategic Services work with the Development Services Commission to identifyopportunities to accelerate construction of new sports fields in new subdivisions;

And that the Director of Strategic Services work with the Operations Department the Markham SportsCouncil, and Sport Field user groups to develop new policies on use of sports fields and report back toCommittee and Council in the fall of 2007 with recommendations for implementation in 2008;

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

(See following motion to amend)Moved by Regional Councillor J. HeathSeconded by Deputy Mayor J. Jones

That Clause (15) be amended to delete the following paragraph 5 in its entirety:

"That staff be authorized to engage an organic turf management company to address theissue of weeds and pesticides and that the spraying of weeds and pesticides in 2007 beutilized only as a method of last resort;"

And that the following be added as paragraphs 5 and 6:

"And that staff be authorized to engage an organic turf management company to addressthe issue of weeds;

And that staff be authorized to implement Sports field Rehabilitation Strategy 2 for up toten (10) B level sports fields with greater than 50% weed populations, as outlined in the"Turf Maintenance Report";"

CARRIED

(16) YORK DURHAM EA UPDATE AND WASTE DIVERSIONOPPORTUNITIES (5.7)

That the report titled, Waste Diversion Opportunities and York Durham EA Information be received,

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And that staff be directed to investigate and report back on the diversion initiatives outlined in thisreport,

And that the Markhams Waste Management staff work with the Purchasing and Asset ManagementDepartments to investigate and report back on a Zero Waste procurement policy for all purchasingactivities within the Town, including financial implications,

And that a copy of this Report be forwarded to York Region, Durham Region, and each of the AreaMunicipalities in the Regions of York and Durham;

And that staff bring forward a report to provide comprehensive details on the implementation andcommunication of a Zero Waste philosophy as well as additional waste diversion opportunities to a fallmeeting of the General Committee;

And further that this report include a recommendation suggesting that the Region of York reconsideraccepting blue bags for overflow recycling waste.

CARRIED

6(b) REPORT NO. 40 - GENERAL COMMITTEE (June 18, 2007)

Council consented to separate Clauses (2), (7), (8) and (9).

Moved by Councillor A. ChiuSeconded by Councillor E. Shapero


(1) CANCELLATION, REDUCTION OR REFUND OF TAXES UNDERSECTIONS 357 AND 358 OF THEMUNICIPAL ACT, 2001 (7.1)Report

That residential taxes totalling $494,104.00 be adjusted under Section 357 (in the amount of$355,680.21) and Section 358 (in the amount of $138,423.79) of theMunicipal Act, 2001 of which theTowns portion is estimated to be $123,971.46.

And that the associated interest be cancelled in proportion to the tax adjustments;

And that the Treasurer be directed to adjust the Collectors Roll accordingly;


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(2) ADVISORY COMMITTEE/BOARD

APPOINTMENTS (16.24)

That Mr. Michael Khan be appointed to the Markham Advisory Committee on Accessibility for a termto expire November 30, 2010;

And that the following individuals be appointed to the Markham Conservation Committee for a term toexpire November 30, 2010:

Brent Mersey Lloyd Helferty Lisa Wilson Samuel Yip Serena Chin Christopher Sauer Justin Chin

And that the resignation of Mr. Tom Allan from the Markham Theatre Advisory Board be accepted withregret.CARRIED

(3) MARKHAM FOOD BANK: REQUEST FOR FUNDING (7.0)Report 1

That the report entitled Markham Food Bank: Request for Funding be received

And that the Markham Food Bank be given a one-time grant in the amount of $8,925 to cover 50% oftheir gross lease expenses for the period of April 1, 2007 to March 31, 2008;

And that the grant of $8,925 be funded from the Corporate Contingency Account #84841-7849;

And that an annual grant to the Markham Food Bank be considered as part of the annual operatingbudget process;


(4) EXTENSION OF CONTRACT 032-R-05,WASTEWATER COLLECTION

SYSTEM REHABILITATION ANDMAINTENANCE ON VARIOUS STREETS (5.1)Report UpdateMemo

That the report entitled Extension of Contract 032-R-05, Wastewater Collection System Rehabilitationand Maintenance on Various Streets be received;

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And that the contract with LiguiForce Services (Ontario) Inc. for Wastewater Collection SystemRehabilitation and Maintenance on Various Streets be extended for one (1) additional year in theamount of $1,432,500.00, exclusive of GST to expire on July 01, 2008 at the same terms, conditions and2005 itemized prices;

And that the award be funded from 2007 Waterworks Capital Budget Account, 53-6150-7670-005,

Sewer System Upgrades in the amount of $1,432,500.00;


(5) AWARD OF TENDER 029-T-07 ROUTINE& EMERGENCY SEWER AND WATERMAIN REPAIRS (5.4)Report 1

That the report entitled Award of Tender 029-T-07 Routine & Emergency Sewer and WatermainRepairs be received;

And that tender 029-T-07 for Routine & Emergency Sewer and Watermain Repairs be awarded to thelowest priced bidder, Finch Paving (1993) Inc. for an estimated contract value totalling $2,866,899.60exclusive of GST, for a period of four (4) years;

And that funds for this contract for the 2007 period (July to December) be drawn from the 2007Operating Budget Accounts as listed in Appendix A in the amount of $359,830, exclusive of GST;

And that the following 2008-2010 estimated costs be provided for within the respective years budgetsubmission for the Waterworks Department;

2008 $790,972.12 2009 $834,800.16 2010 $881,297.32

And that the remaining balance be applied to other waterworks projects;

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

And that staff bring forward a list of upcoming projects to a forthcoming meeting of the GeneralCommittee for approval.

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(6) PROCEDURAL BY-LAW GOVERNING THE DELEGATION OF

AUTHORITY TO REAL PROPERTY MATTERS (8.7)Report 1

That the report entitled Procedural By-law Governing the Delegation of Authority to Real PropertyMatters be received;

And that approval for the acquisition, disposition, lease or license of real property that do not contravenethe objectives of Council be delegated to the Chief Administration Officer or designate, within thelimitations set out in this report;

And that a memorandum be circulated to all Members of Councillor prior to any action beingundertaken by staff;

And that, as a result, staff not report to Council on a bi-annual basis;

And that Council enact a By-law to provide for the delegation of authority for those real property

matters set out in the draft By-law attached to this report;


(7) ANGUS GLEN OVERNIGHT PARKING PERMIT PROGRAM (2.17)Report

That the report entitled Angus Glen Overnight Parking Permit Program be received;

And that the Parking Control By-law be amended to permit overnight parking within the Angus Glen

Subdivision subject to a fee of $30.00 per month for each vehicle;

That Staff report back on the hiring of additional parking officers to enforce overnight permit parkingthroughout the Town of Markham;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.(By-law 2007-145)

CARRIED

(8) REPORT ON PESTICIDE BY-LAW REGULATING THE

NON-ESSENTIAL USE OF PESTICIDES (5.7)Report By-law 1 Update Memo & Revised By-law

That the report entitled Report on Pesticide By-law Regulating the Non-Essential Use of Pesticides bereceived;

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That Council enact the By-law attached as Appendix 1 to this report to regulate the non-essential use ofpesticide on public and private property;

That funding from the Pesticide Education account # 730 998 4238 (approximately $30,000) and anyremaining funds from the account for a moderator #77 5399 6808 005 (approximately $3,000) to beused for an education program on the By-law and alternative lawn care practices in 2007;

That a Committee be formed with representatives from Operations, Strategic Services, Communicationsdepartments and include the Chair of the Markham Environmental Issues Committee, and the Chair ofthe Markham Communications Committee to direct an education and communications program;

And that funding in the amount of $100,000 be pre-approved for the 2008 capital budget for acomprehensive education/communications program;

And that Item 2(b), xiii within the proposed By-law be amended to add and that all records besubmitted to the Town Clerk on an annual basis. to the end of the paragraph;

And that Item 2(b), xiv; To control vegetation growth within a hydro transmission station or hydrocorridor provided such use or application is permitted only under the direction of an IPM AccreditedAgent be deleted;

And that staff explore opportunities to disseminate information the Town currently has on the matter ofmaintaining a healthy lawn without the use of pesticides;

And that a letter of thanks be forwarded to all current members of the Pesticide Reduction SteeringCommittee;

And that the annual pesticide audit documentation and resulting reports be forwarded to Council, in asummary report, annually;

And that Mr. Frank Reddick of Turf Logic Inc. be invited to attend a General Committee meeting inSeptember, 2007, to make a deputation regarding the pesticide by-laws treatment of grubs and chinchbugs; and, that subsequent to this deputation, staff be requested to report back to the General Committeeon the issue;

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And that staff be directed to do all things necessary to give effect to this resolution.(By-law 2007-146) (Communication 50-2007)

CARRIED AS AMENDED(See following record vote) (12:0)(See following motion to amend)

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, Councillor A. Chiu. (12)

ABSENT: Councillor J. Virgilio

Moved by Regional Councillor T. WongSeconded by Councillor D. Horchik

That Clause (8) be amended to delete the following paragraph:

"And that the By-law be reviewed after January 2011;"

And that the following paragraphs be added;

"And that the annual pesticide audit documentation and resulting reports be forwarded toCouncil, in a summary report, annually.

And that Mr. Frank Reddick of Turf Logic Inc. be invited to attend a General Committeemeeting in September, 2007, to make a deputation regarding the pesticide by-lawstreatment of grubs and chinch bugs; and, that subsequent to this deputation, staff be

requested to report back to the General Committee on the issue. "CARRIED

(9) CANADIAN SPORTS INSTITUTE (3.0)Report 1

That the report titled Canadian Sports Institute be received;

And that Council endorses, in principle, the hosting of CSIO facility in Markham;

And that the Town of Markham support, in principle, a cash contribution of $55.5 million, in-kindcontributions with a value of $13 million (projected for 10 years), which includes land at $7 million andMunicipal property tax avoidance of $6 million, subject to confirmation of financial commitments fromother levels of government and stakeholders;

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And that additional $100,000 be provided to support any further analysis, to be funded from theCorporate Stabilization Reserve;

And that authorization be granted for the Town, in conjunction with the CSCO, to approach the Federaland Provincial governments and other potential stakeholders for financial and non-financial support;

And further that CSIO steering committee and staff report back to General Committee on an ongoingbasis with progress.

CARRIED

(10) COMMUNITY AND FIRE SERVICES COMMISSION (11.0)

That interim responsibility for the Commissioner of Community and Fire Services be divided into twoareas and that Mr. Peter Loukes be appointed as the director responsible for Operations and WaterWorks and Mr. Allan Seabrooke be appointed as the director responsible for Library Services, FireServices, Recreation and Culture.

CARRIED

6(c) REPORT NO. 41 - DEVELOPMENT SERVICES COMMITTEE (June 19, 2007)

Council consented to separate Clauses (1) and (8).

Moved by Deputy Mayor J. JonesSeconded by Councillor J. Webster

That Report No. 41 - Development Services Committee be received and adopted.

(1) DESIGN, CONSTRUCTION AND FINANCING OFTHREE PARKS IN PHASE 1 OF THECATHEDRAL TOWN COMMUNITY BYCATHEDRAL TOWN LTD., AND 404 DEVELOPMENTS INC. (5.6)Report Attachment

That the report to Development Services Committee, entitled "Design, Construction and Financing ofThree Parks in Phase 1 of the Cathedral Town Community by Cathedral Town Ltd. and 404

Developments Inc. be received;

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And that Council approve the request by Cathedral Town Ltd., and 404 Developments Inc. to financethe cost of design, construction and contract administration of three parks known as the Arboretum,Park Square and Panorama Park (Blocks 121, 122 and 123, respectively on Plan 65M-3830) in Phase1 within the Cathedral Town Community, subject to the following conditions:

1. That Cathedral Town Ltd., and 404 Developments Inc. finance the cost of the design, construction

and contract administration of the three parks (totalling 2.82 ha or 6.9 acres in area) to a minimumvalue of $140,000 per acre which totals approximately $966,000.00 inclusive of all applicabletaxes;

2. That, subject to compliance with these terms and conditions, the Town of Markham reimburseCathedral Town Ltd., and 404 Developments Inc. up to $966,000.00 towards this project fromdevelopment charges for park development under the understanding that Cathedral Town Ltd.,and 404 Developments Inc. may contribute additional funds, which will not be reimbursed by theTown, towards the development of these parks;

3. That Cathedral Town Ltd., and 404 Developments Inc. contribute an additional $100,000 towardsfacility upgrades in Victoria Square Park (existing Town park on Elgin Mills Road) to be built inconjunction with the construction of Blocks 121, 122 and 123, for which they will not bereimbursed by the Town;

4. That the Town reimburse Cathedral Town Ltd., and 404 Developments Inc. for invoices paid on asingle lump sum basis for all approved costs associated with the design, construction and contractadministration, including all applicable taxes, of these parks up to a maximum of $966,000.00,less the 10% holdback to be released to them upon final assumption of the park by the Town, aftersufficient Development Charges for park development have been collected (90% of a maximumof $966,000.00) at the building permit stage for residential lots within the Cathedral TownCommunity to warrant repayment in full to the maximum allowable. No interest on such invoices

shall be payable by the Town;

5. That owners / developers within the Cathedral Town Community, including Cathedral Town Ltd.,and 404 Developments Inc., not receive any credit towards park development charges andcontinue to pay the park development charge at the building permit stage for all present and futuredevelopment phases of subdivisions within the Cathedral Town Community;

6. That Cathedral Town Ltd., and 404 Developments Inc. hire a landscape architect who is a fullmember of the OALA having custody and use of the Association seal, and approved by the Town,to provide professional design, contract document, and contract administration services to thesatisfaction of the Town;

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7. That Cathedral Town Ltd., and 404 Developments Inc. conform with the Towns standard park

and open space approval process if necessary which includes development of several designconcepts, holding community input meetings, presentation to selected Standing and AdvisoryCommittees, as well as review and approval by the Planning and Urban Design Department inconsultation with the Parks Operations Department. This process will also be informed by theTowns on-going Recreation Master Plan Update Study which will establish park facility

requirements and priorities;

8. That Cathedral Town Ltd., and 404 Developments Inc. tender out the construction of the parkworks to a minimum of three bidders to the satisfaction of the Town and include a 2 year detailedmaintenance contract for the parks to the Towns satisfaction as part of the tendered works, thecost of which is the responsibility of Cathedral Town Ltd., and 404 Developments Inc.;

9. That, notwithstanding the requirements of Condition (8) above, Cathedral Town Ltd., and 404Developments Inc. shall also maintain these parks to Town standards, from the time that it is built,until such time as the park would normally have been built in accordance with the Towns parkdevelopment strategy for Cathedral Town (which normally coincides with the time when

sufficient Development Charges for park development have been collected within the CathedralTown Community to warrant starting park construction). The Town will not reimburse CathedralTown Ltd., and 404 Developments Inc. for costs associated with this additional maintenanceobligation for these parks;

10. That the Town amend the 2007 Capital Budget for Urban Design, Development ServicesCommission, and establish a capital project for these park works with a budget of $1,052,940which includes $966,000 and an internal capital administration cost of $86,940 funded from theDevelopment Charge Reserve (90% / $947,646) and tax-funded Capital Contingency 44-6900-6395-005 (10% / $105,294);

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

resolution.CARRIED

(2) NAMING OF THE WOODBINE AVENUE BY-PASS ROADAND RENAMING OF THE FUTUREBY-PASSED SECTION OF WOODBINE AVENUE (10.14)Report Attachment

That the report entitled Naming of the Woodbine Avenue By-Pass Road and Renaming of the FutureBy-Passed Section of Woodbine Avenue, dated June 19, 2007, be received;

And that the Town of Markham request the Region of York to name the future by-passed section of

Woodbine Avenue north of Major Mackenzie Drive and south of 19th Avenue as Victoria SquareBoulevard;

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(3) BUILDING ENCROACHMENTS INTOMUNICIPAL EASEMENT

MATTAMY DEVELOPMENTS (WYKLAND ESTATES)PLAN 65M-3884, LOTS 59, 60 AND 64 (10.0)Report

That the report entitled Building Encroachments into Municipal Easement, Mattamy Developments(Wykland Estates) Plan 65M-3884, Lots 59, 60 and 64 be received;

And that a by-law be enacted to release and abandon the municipal servicing easement over Parts 2, 3, 6,7, 10 and 11 as shown on Plan 65R-29899;

And that the Town Solicitor be authorized to approve and execute the necessary release and

abandonment of easement in respect of Parts 2, 3, 6, 7, 10 and 11 on Plan 65R-29899;

And that Ballantry Homes satisfy the Town Solicitor that it will be responsible for the preparation of allnecessary transfers, reference or survey plans, fees, environmental clearances and all other documentsand for all costs incurred by the Town related to the builders encroachment into the municipal servicingeasement and the release and abandonment of the easement;

And that Ballantry Homes pay to the Town the amount of $15,000 (3 lots @ $5000 each) ascompensation towards potential future increased maintenance and repair costs as a result of the reducedeasement width on Lots 59, 60 and 64 on Plan 65M-3884, to be deposited in the Community ServicesCommission Operating Reserves Account;

And that Ballantry Homes pay the Towns Legal and Engineering fees associated with these transactionsin the upset amount of $4,500 ($1,500/lot);

And that the Building Standards, Engineering and Planning Departments pursue measures with thedevelopment industry to prevent the encroachment of buildings in municipal easements;


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(4) NAAM GROUP INC.

SOUTH-WEST CORNER OF RODICK ROADAND YORKTECH DRIVEDEEMING BY-LAW DY 06 128490 (10.0)Report Attachment

That the staff report dated June 19, 2007 entitled Naam Group Inc., South-west corner of Rodick Roadand Yorktech Drive, Deeming By-law, be received;

And that Council enact the By-law attached as Appendix A to deem Lots 3 and 4, Registered Plan65M-2755, not to be part of a registered plan of subdivision;

And that staff take appropriate action as required under Section 50 of the Planning Act;


(5) RENAMING OF HIGHWAY 7 WITHINTHE TOWN OF MARKHAM (10.14)Report Attachment

That the report entitled Renaming of Highway 7 within the Town of Markham, dated June 19, 2007,be received;

And that consideration of the following clauses be deferred until September, 2007 to consider alternativenaming options:

And that the Town of Markham request the Region of York to consider options

for renaming the section of Highway 7 within the Town of Markham under theRegions jurisdiction from Highway 7 to a name more representative of anurban arterial road than a Provincial Highway;

And that the Region consult with other York Region municipalities (Vaughan andRichmond Hill) and adjacent Regions and municipalities that also have Highway7 frontage, and with the public and area businesses;

And that one of the options considered be the possible renaming of Highway 7 toAvenue 7;

And that the Town request the Region of York to initiate a request to the Ministry of Transportation forthe transfer of the Provincially owned section of Highway 7 in the Town of Markham to the Region ofYork.

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(6) COMMERCIAL FAADE IMPROVEMENT

GRANT APPROVAL, DR. CRAIG S. ANDERSON128 MARKHAM MAIN STREET NORTHMARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (10.0)Report Attachment

That Council has no objection to the owner of 128 Markham Main Street North receiving the maximumgrant available from the Markham Commercial Faade Improvement Grant Program, provided that theapplicant meets all other applicable requirements;

And that the Mayor and the Clerk be authorized to execute a Heritage Conservation EasementAgreement between the property owner of 128 Markham Main Street North, and the Town;

And that the three capital planning budgets related to Heritage Districts, Faade Improvement/ Signreplacement program (80-5350-3511-005 / 80-6150-6633-005 / 80-6150-7050-005) be consolidated into80-6150-6633-005;

That the grant be funded through the consolidated Heritage Districts, Faade Improvement / Signreplacement program Capital Account (080-6150-6633-005) (see pg. 2) up to the maximum of$15,000.00;


(7) MILLER PAVING LIMITEDEAST SIDE OF WOODBINE AVENUE,

NORTH OF 14TH AVENUE

TECHNICAL OFFICIAL PLANAND ZONING BY-LAW AMENDMENTS

OP. 04-017217 & ZA. 04-017225 (10.3, 10.5)Report Attachment

That the Conceptual Built Form Master Plan for the commercial lands on the Miller Paving Limitedproperty be received;

And that the attached Zoning By-law amendments be enacted.(By-laws 2007-149 and 2007-150)

(8) THORNHILL MARKHAM

HERITAGE CONSERVATION DISTRICT PLAN 2007 (10.0)Report Appendix A-C Appendix D Correspondence

That the report entitled Thornhill Markham Heritage Conservation District Plan Revised Plan 2007be received;

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And that the correspondence from Ms. L. Harrison, 24 Deanbank Drive, Mr. M. Bishop, 129 JohnStreet, Mr. G. Swinkin, Cassels and Graydon LLP, on behalf of 1547155 Ontario Ltd, 7751 YongeStreet, Mr. and Ms. Bryce, 7699 Yonge Street and Mr. and. Ms. Long, 159 John Street, be received;

And that the revised Thornhill-Markham Heritage Conservation District Plan (2007) and DistrictInventory (2007), be endorsed;

And that the By-law (attached as Appendix A) to amend the existing Thornhill-Markham HeritageConservation District Plan By-law (270-86) by incorporating the revised Thornhill Markham HeritageConservation District Plan (2007) and District Inventory (2007), together with the 1986 Study, beenacted, with a number of minor typographical corrections, save and except for the 12 metre maximumheight provisions for buildings on Yonge Street, and any other inconsistencies with the ThornhillSecondary Plan, which will be enacted following appropriate amendments to the Thornhill SecondaryPlan;

And that as per Section 41.1 (3) of the Ontario Heritage Act, Council shall cause notice of the by-law tobe served on each owner of property located in the heritage conservation district and the Ontario

Heritage Trust, and to be published in a newspaper having general circulation in the municipality;

And that if there are any objections to the By-law under Section 41.1 (4) of the Ontario Heritage Act,the Town Solicitor be directed to appear before the Ontario Municipal Board to defend the By-law;

And that Council consents to the removal of the word commercial in reference to the type of buildingsubject to the maximum height of buildings on Yonge Street in the Heritage District to ensure that anytype of building would be subject to the height restriction;

And that a public meeting be held on September 4, 2007 to amend the Thornhill Secondary Plan in orderto achieve consistency between it and the Revised Thornhill-Markham Heritage Conservation DistrictPlan (2007), including consistent provisions in both documents relating to height, including the

maximum 12 metre height provision for buildings on Yonge Street;

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

And that staff be directed to examine various options including a matching grant program or enhancedloan program for non-commercial designated properties to assist in heritage restoration projects,potentially using some of the monies currently allocated to the Heritage Loan Fund.(By-law 2007-151)

CARRIED

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(9) STRINGBRIDGE INVESTMENTS LIMITED

3495 HIGHWAY 7(SOUTH SIDE, WEST OF TOWN CENTRE BLVD)APPLICATION FOR SITE PLAN APPROVALFOR A 4-STOREY OFFICE BUILDING SC: 06 135995 (10.6)Report Attachment

That the report dated June 19, 2007, entitled Stringbridge Investments Limited, 3495 Highway 7 (southside, west of Town Centre Blvd), Application for Site Plan Approval for a 4-storey office building, FileNo. SC 06 135995, be received;

And that the application for site plan approval be endorsed, in principle, subject to the conditionsattached as Appendix A and the following:

1. That the building elevations be refined as outlined in the staff report, to the satisfaction of theDirector of Planning and Urban Design.

2. That the Owner obtain a minor variance and/or temporary use permission as outlined in the staffreport to permit the proposed number and location of parking spaces on a temporary basis.

3. And that site plan approval be delegated to the Director of Planning and Urban Design or herdesignate, to be issued once the conditions outlined above have been satisfied. Site Plan approvalis issued only when the Director has signed the site plan;

And that Council authorize the enactment of a by-law to remove the Hold Provisions H1 and H2 fromthe zoning of the subject lands, upon application by the Owner, once the conditions outlined in the staffreport have been satisfied;

And that the Mayor and Clerk be authorized to execute a hoarding agreement, in a form satisfactory tothe Town Solicitor and the Commissioner of Development Services, with Stringbridge InvestmentsLimited;

And that this endorsement shall lapse and site plan approval will not be issued, after a period of threeyears commencing June 19, 2007, in the event that the site plan agreement is not executed within thatperiod;


(10) A REVIEW OF THE TOWNS STRATEGYFOR SECOND SUITES (10.0)Report Attachment

That a Subcommittee of Development Services Committee be established to review the continuedappropriateness of the Towns current strategy for second suites and to investigate whether options for astrategy that would apply wider zoning permissions for second suites should be considered for publicreview and input;

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And that the Subcommittee include a cross-section of members of the Development ServicesCommittee, as outlined in this report;

And that the Subcommittee report back to Development Services Committee in the fall on a preferredoption(s) for moving forward with a strategy for second suites including a publicconsultation/engagement process.

CARRIED

6(d) REPORT NO. 42 - DEVELOPMENT SERVICES PUBLIC MEETING (June 19, 2007)

Moved by Deputy Mayor J. JonesSeconded by Regional Councillor G. Landon

That Report No. 41 - Development Services Public Meeting be received and adopted.

(1) TOWN-INITIATED ZONINGBY-LAW AMENDMENT TO PERMITA LARGER BUILDING FOOTPRINT FORRELOCATED HERITAGE BUILDINGS ANDACCESSORY BUILDINGS MARKHAM HERITAGE ESTATES(ZA 06 112355) (10.5, 16.11.3)Report Attachment

That the written submissions from Greg and Tara Knight and Glen Baron, supporting the applicationregarding the proposed Zoning By-law amendment (File ZA 06 112355), Town initiated, to permit alarger building footprint for relocated Heritage buildings and accessory buildings, be received;

And that the Development Services Commission Report dated March 20, 2007 entitled Town-InitiatedZoning By-Law Amendment to permit a larger building footprint for relocated heritage buildings andaccessory buildings, Markham Heritage Estates, ZA 06 112355 be received;

And that the Record of the Public Meeting held on June 19, 2007, with respect to the proposedamendments to By-law 1229, as amended, be received;

And that the application by the Town of Markham. to amend By-law 1229, as amended, be approved;

And further that the proposed amendment to By-law 1229, as amended, be enacted without furthernotice.(By-law 2007-152)

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(2) PINESHORE DEVELOPMENTS (WISMER) INC.

SOUTH OF MAJOR MACKENZIE DRIVEON THE WEST SIDE OF MINGAY AVENUEWISMER COMMONS COMMUNITYPROPOSED PLAN OF SUBDIVISIONAND IMPLEMENTING ZONING BY-LAW AMENDMENTS

SU 02 119221 (19TM-02019 PHASE 2) AND ZA 07 110185 (10.7,10.5)Report Attachment

That the Record of the Public Meeting held on June 19, 2007 with respect to applications SU 02 119221(19TM-02019 Phase 2) and ZA 07 110185 submitted by Pineshore Developments (Wismer) Inc. fordraft plan of subdivision approval and amendments to Zoning By-laws 304-87 and 177-96, be received;

And that draft plan of subdivision 19TM-02019 Phase 2 be referred back to staff for further reviewand 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-02019 Phase 2, be finalized for enactment.(By-laws 2007-153 and 2007-154)

(3) RICE COMMERCIAL GROUPAPPLICATION FOR ZONING AMENDMENTTO PERMIT AND INDUSTRIAL/OFFICE BUILDING11258 WOODBINE AVENUEHIGHWAY 404 NORTH PLANNING DISTRICT ZA 07-114298 (10.5)Report Attachment

That the report from the Development Services Commission dated June 19, 2007, entitled Rice

Commercial Group, Application For Zoning By-law Amendment to permit the construction of industrialand office building, 11258 Woodbine Avenue, be received;

That the Record of the Public Meeting held on June 19, 2007, with respect to the proposed amendmentsto By-laws 304-87 and 177-96, as amended, be received.

That the application by the Rice Commercial Group to amend By-laws 304-87 and 177-96, as amended,be approved;

And that the proposed amendments to By-laws 304-87 and 177-96, as amended, be enacted withoutfurther notice.

(By-laws 2007-155 and 2007-156)

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(4) MICHAEL JACOBS

APPLICATION FOR ZONING BY-LAW AMENDMENTTO PERMIT FOUR SEMI-DETACHEDDWELLING UNITS AT 15 DEER PARK LANE,MARKHAM VILLAGE (ZA 07 110580) (10.5)Report Attachment

That the report from the Development Services Commission dated May 15, 2007, entitled PreliminaryReport, Michael Jacobs, Application for Zoning By-law Amendment to Permit Four Semi-DetachedDwelling Units at 15 Deer Park Lane, Markham Village, ZA 07 110580 be received;

That the Record of the Public Meeting held on June 19, 2007, with respect to the rezoning applicationsubmitted by Michael Jacobs to amend By-law 1229, as amended, be received;

That the rezoning application by Michael Jacobs to amend By-law 1229, as amended, be approved;

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

CARRIED

6(e) REPORT NO. 43 - GENERAL COMMITTEE (June 25, 2007)

Council consented to add Report No. 43.

Moved by Regional Councillor G. LandonSeconded by Councillor A. Chiu


(1) REPLACEMENT STRATEGY LOSS OF SOCCER FIELDSAT MARKHAM DISTRICT HIGH SCHOOL (6.4)Report 1

That the deputation by Mr. C. Shea, President, Markham Soccer Club be received;

And that the report titled Replacement Strategy Loss of Soccer Fields at Markham District HighSchool be received;

That the Unionville/Milliken Soccer Subcommittee be reconstituted and include Councillors J. Webster,C. Moretti, Regional Councillors G. Landon, J. Heath and Mayor F. Scarpitti who will work with TownStaff on strategies to deal with loss of several sports fields;

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And that funds be approved to an upset limit of $1.5 million dollars for the construction of one artificialturf sports field with lights and associated temporary parking and access;

And that staff work with the Markham Soccer Club to obtain their input on details for the constructionof the sports field;

And that staff investigate options with the York Region District School board and the York RegionCatholic School Board with respect to their lands in the East Markham Area and other areas, for futuresportsfields construction;

And that the $1.5 million required for this project be funded from the Development charges, 90% of the$1.35 million, and the Ramp-up Reserve, 10% or $150,000;

And that staff contact the Ontario Realty Corporation (ORC) to determine which sites may be availablefor temporary usage;

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

(2) RACE RELATIONS COMMITTEE: AMENDMENT TOTHE TERMS OF REFERENCE REGARDINGCOMMITTEE COMPOSITION (16.0)Minutes Memo

That the deputation by Ms. L. Steward, Chair, Markham Race Relations Committee, regarding theCommittees request for an amendment to the Terms of Reference regarding Committee composition bereceived;

And that the CAO be directed to appoint one senior staff member to serve as a resource to the Markham

Race Relations Committee;

And that one Member from the Mayors Youth Task Force be appointed to the Markham Race RelationsCommittee;

And that the request to amend the Terms of Reference for the Markham Race Relations Committee bedeferred to allow Council to discuss all matters with respect to diversity and a recommended option withrespect to Committee Composition;

And that this recommended option be forwarded to the Markham Race Relations Committee for theirinput prior to going to General Committee for approval.

(3) I LOVE MARKHAM BOARDGAME (7.6)

That the presentation by Mr. D. Black and Mr. B. Hollingshead regarding the potential sponsorship of anI Love Markham board game be received;

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And that $10,000 be granted in sponsorship of an I Love Markham board game with proceeds going tothe charitable organization Centre for Dreams and that it be funded through the 2007 EconomicDevelopment budget;

And that the developer(s) of the game liase with the Towns Communications and EconomicDevelopment Departments to ensure that the content to be included in the game adheres to Markham

policy regarding content and best represents the character of Markham.

(4) OPTIONS FOR A REVISED BUILDING STRATEGY FOR THEMUSEUM WARD BUILDING RECONSTRUCTION PROJECT (6.7)

That the deputation by Mr. L. Smith, Markham Historical Society, regarding the proposed buildingstrategy for the Markham Ward Building be received;

And that the report entitled Options for a Revised Building Strategy for the Museum Ward BuildingReconstruction Project be received;

And that staff proceed immediately with renovations to the existing ward building as proposed and thatthe $310,000 in funding be drawn from the existing budget for the project;

And that the proposal to construct an new building adjacent to the Ward building be referred to staff toconsider options with respect to the location and size of the building, a funding strategy, potential LEEDcertification, the federal grant application and other matters on how to proceed and report back in the fall2007;

And that a meeting be arranged with Minister of Culture, Councillor C. Moretti and Mayor F. Scarpittito determine if a provincial contribution for this project is available.

(5) CLEGG ROAD EXTENSION AND CEDARLAND DRIVE (5.0, 7.12)Report 1

That the report entitled Clegg Road Extension and Cedarland Drive be received;

And that staff be authorized to issue a Purchase Order to the Region of York for underground serviceconnections in Warden Avenue in the amount not to exceed $400,000;

And that funding in the amount of $480,000 be provided by Markham District Energy Inc. (MDEI) fortheir heating/cooling component of the project;

And that funding for this project be revised to reflect the credit agreements with Liberty Development(2015776 ONTARIO INC.) in the current amount of approximately $3,634,658.10;

And that the budgeted funding sources for the Clegg Road Extension and Courtyard Lane be adjusted toreflect the construction award to Advice Contracting Limited approved by Council on September 26,2006, as detailed in Appendix A Revised Budget;

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And that any previously approved funding from Development Charges (DCA) and Taxes be returned tothe DCA reserve fund and the Capital Contingency project respectively as detailed in Appendix A Change vs. Original Budget;

And that the project name for 083-5350-6740-005 be amended from Clegg Extension & CedarlandDr. to Clegg Rd Extension & Courtyard Lane Construction;

And further that staff be authorized and directed to do all things necessary to give effect to thisresolution.

(6) FACILITIES AND ACCOMMODATION STRATEGIC PLAN (12.4, 8.4)Report

That the report entitled Facilities and Accommodation Strategic Plan be received.

And that Council endorses the concept of the Fire Department re-locating to 8100 Warden Avenue

(8100) in 2008.


(7) RESIDENT NOISE CONCERNS AT CN BALA/YORKRAILWAY INTERSECTION (THORNHILL AREA) (2.10)Report

That Committee receive the Noise and Vibration Impact Statement Summary Chart included asAttachment B to this report and outlining residential concerns regarding excessive noise and vibrationsoccurring from the CN Bala/York Railway Intersection (Thornhill);

And that staff be directed to initiate and coordinate the following:

Submission of the Noise and Vibration Impact Statement results of a consultants study on noiseand vibration within the neighbourhood to CN;

Identification by the residents of representatives for a Public Liaison Committee; Initiation of a Public Liaison Committee process with CN to review the findings of consultants

study on noise and vibration in the area to develop recommendations on solutions or measures toaddress noise and vibrations;

Submission of report to Committee on the findings and recommendations on possible next steps,resulting from the Public Liaison Committee review;


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(8) RELIGIOUS SYMBOLISM THE OPTIONS (3.0)

Presentation

That the presentation by Ms. M. Brown, Diversity Coordinator, regarding options with respect topermitting religious symbolism on public property be received.

(9) MARKHAM ACCESSIBILITY GUIDELINES2007 OVERCOMING BARRIERS (12.1)Report 1

That the report titled Update of Town of Markham Accessibility Guidelines dated June 18, 2007 bereceived;

And that the Town of Markham General Committee endorse the Markham Accessibility Guidelines inprinciple;

And that staff receive feedback over the summer months and report back to General Committee inSeptember 2007 with the recommended guidelines;


(10) MARKHAM FIRE & EMERGENCY SERVICES2006 ANNUAL REPORT (3.0)Annual Report

That the 2006 Annual Report from the Markham Fire and Emergency Services (MFES) be received;

And that the Fire Prevention Officers for the Town of Markham be recognized for their efforts inensuring that smoke detectors and other fire prevention measures are employed in homes and businessesthroughout the Town of Markham.

(11) FOURTH ANNUAL SUMMIT ON THE FUTURE OF CANADAS INFRASTRUCTURE(13.12)

That Regional Councillor G. Landon be permitted to attend the Fourth Annual Summit on the Future ofCanadas Infrastructure in the City of Toronto on September 25 - 26, 2007.

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(12) GRANT TO MARKHAM FAIR (7.6)

That $4,000 be granted to the organizers of Markham Fair to partially subsidize the cost of charteringtransportation for the 2007 event and that it be funded through the Towns Contingency fund;

And further that staff enter into discussions with the Markham Fair Board to determine future

requirements.

CARRIED

6(f) REPORT NO. 44 - DEVELOPMENT SERVICES COMMITTEE (June 26, 2007)

Council consented to add Report No. 44 and to separate Clauses (12) and (13).

Moved by Deputy Mayor J. JonesSeconded by Regional Councillor T. Wong

That Report No. 44 - Development Services Committee be received and adopted.

(1) MARKHAM CENTRE/PD 1-7 AREASERVICING REQUIREMENTS (5.3, 5.5)Report Attachment

That the staff report entitled Markham Centre/PD 1-7, Area Servicing Requirements, dated June 19,2007, be received;

And that the principles of an agreement with the PD 1-7 developers for the financing of the Hwy 7sanitary sewer, the Lonsmount/Sheridan stormwater management facility, storm sewers and the ClassEnvironmental Assessment for Village Parkway, as set out in this report, be endorsed;

And that Mayor and Clerk be authorized to enter into Memorandums of Understanding with developersin the PD 1-7 area related to the construction and financing of the Hwy 7 sanitary sewer, theLonsmount/Sheridan stormwater management facility, storm sewers and Village Parkwayreconstruction, in a form satisfactory to the CAO, Town Solicitor and Town Treasurer;

And that staff report back to Council on all agreements necessary to construct and finance the Highway7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility and Village Parkwayreconstruction for Council approval;

And that the principles of an agreement with Lonsmount Construction for the conveyance of easementsand property for the construction of the ultimate Lonsmount/Sheridan stormwater management facilityand storm sewers as set out in this report, be endorsed;

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And that the Mayor and Clerk be authorized to execute an agreement with Lonsmount Construction Ltd.and other related documents relating to the acquisition of the property and easements over the landsowned by Lonsmount Construction Ltd, as necessary for the purpose of the construction of astormwater management pond and storm sewers based on the principles set out in this report in a formsatisfactory to the Chief Administrative Officer and Town Solicitor;

And that if by July 15, 2007 Lonsmount Construction Ltd. does not provide the necessary permanentand construction easements for the storm sewers and the stormwater management facility then staff beauthorized to exercise the storm sewer option on the Sheridan lands;

And that the Mayor and Clerk be authorized to enter into Crossing Agreements with GO Transit toimplement the construction of the Highway 7 Sanitary Sewer project, in a form satisfactory to the CAOand the Town Solicitor;

And that staff be authorized to file an amendment to the Class Environmental Assessment Study withthe Ministry of the Environment for the Highway 7 sanitary sewer, to provide for the construction of asanitary sewer on Main Street South Unionville;

And that the Mayor and Clerk to be authorized to enter into agreements with Ontario Realty Corporationand private property owners as may be required to obtain the lands and/or easements necessary toimplement the construction of the Highway 7 sanitary sewer project in a form satisfactory to the CAOand the Town Solicitor;

And thatif staff are unable to come to an agreement with affected private property owners related to theproperty requirements by August 31, 2007, that the Town Solicitor, be authorized to apply for approvalto expropriate the necessary private properties;

And that the Town Solicitor be authorized to retain a property appraisal firm, a qualified legal surveyingfirm, and an outside legal firm to assist staff with the negotiation or expropriation procedures pursuant to

section 7(1)(h) of the Purchasing By-law (preferred supplier), to be funded from Engineering CapitalBudget account 083-6200-6750-005 (Markham Centre Property Acquisition and Design: Ponds 1-7 andSWM 2) to an upset limit of $100,000;

And that staff be authorized to do all things necessary including execution of documents and notices asrequired by theExpropriations Act;

And that the consultant services to undertake a Class EA study for the reconstruction of Village Parkwaybe awarded to SNC Lavlin Ltd. in the amount of $96,643.80 exclusive of GST, to be funded from the2006 Capital Budget account 083-5350-7254-005 (Village Parkway Re-alignment) subject to receipt offunds from developers;

And that the Engineering Department Capital Budget Account 083-5350-7254-005 for the VillageParkway Class Environmental Assessment Study be amended to $96,643.80 to be funded by developers;


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(2) MILLIKEN RESERVOIR & PUMPING STATION EXPANSIONCLASS ENVIRONMENTAL ASSESSMENT (5.3)Report Attachment

That the staff report entitled Milliken Reservoir & Pumping Station Expansion, Class Environmental

Assessment be received;

And that the principles of an agreement between the City of Toronto, the Region of York and Town ofMarkham regarding the replacement of soccer fields removed as a result of the proposed expansion asset out in this report, be endorsed;

And that subject to confirmation from the City of Toronto and York Region that the principles ofagreement are acceptable, the Municipal Class Environmental for the Milliken Mills Reservoir andPumping Station Expansion prepared by the City of Toronto and the Region of York, be endorsed;

And that in the event that confirmation of the principles of agreement is not received from the City of

Toronto and York Region before the expiration of the review period for the Class EA, staff beauthorized to notify the Ministry of the Environment of Markhams objection to the EA including, ifnecessary, to request for the Ministry to issue a Part II Order for the project;

And that the Mayor and Clerk be authorized to enter into Agreements with the City of Toronto and YorkRegion as required with respect to the removal and replacement of the soccer fields including theconveyance of easements, the scheduling of construction and other items relating to the implementationof the project, in a form satisfactory to the CAO, the Town Solicitor and the Commissioner of Fire andCommunity Services;

And that the Mayor and Clerk be authorized to enter into a lease agreement with the City of Toronto forthe placement of soccer field and baseball diamonds on Torontos Milliken site to the satisfaction of the

Chief Administrative Officer, Town Solicitor and Commissioner of Fire and Community Services;

And that staff report back in the Fall of 2007 regarding the design and operation of the Milliken MillsPark following completion of the Milliken Reservoir and Pumping Station Expansion project;


(3) MARKHAM SMALL BUSINESS ENTERPRISE CENTREBUSINESS PLAN (10.16)Report Attachment

That the report titled, Markham Small Business Enterprise Centre Business Plan be received andendorsed;

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(4) THORNHILL VEHICULAR INFILTRATIONYONGE STREET AND HIGHLAND PARK BOULEVARDCOMMUNITY UPDATE (5.12)

Report Attachment

That the report entitled Thornhill Vehicular Infiltration Yonge Street and Highland Park BoulevardUpdate dated June 19, 2007, be received;

And that the existing southbound and westbound turn prohibitions along Yonge Street, just north ofSteeles Avenue, be removed following a count of current levels of vehicular infiltration on HighlandPark Boulevard;

And that for a trial period a No Through Traffic restriction be implemented on Highland Park Boulevardbetween the hours of 6:30 a.m. 9:00 a.m., and 4:00 p.m. 7:00 p.m., Monday Friday;

And that the Operations Department be directed to install appropriate signage on Highland ParkBoulevard;

And that the Region of York be requested to install appropriate signage on Yonge Street;

And that York Regional Police be requested to enforce the No Through Traffic restrictions uponinstallation of these signs;

And that staff conduct a count of vehicular infiltration levels following implementation of the NoThrough Traffic restrictions to determine its effectiveness in comparison to the existing turningrestrictions;

And that staff report back on the relative effectiveness of both forms of traffic restrictions at the start of2008;

And that the attached by-law to amend Traffic By-law 106-71 to include the No Through Trafficrestrictions on Highland Park Boulevard be enacted;

And that residents be notified of the details of the No Through Traffic restrictions trial period, notingthat Highland Park Boulevard is included within the Top 25 list of enforcement streets for 2007/2008 asrecommended by the Markham Safe Streets Task Force;

And that Dr. Dana Cox of Smith Veterinary Hospital and President Jerry Ambrozic of the GrandviewArea Ratepayers Association be advised accordingly;

And that Staff be advised and directed to do all things necessary to give effect to this resolution.(By-law 2007-181)

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(5) ALL WAY STOP CONTROL FOR THE INTERSECTIONS OF(1) WILLIAM BERCZY AND CYNTHIA JEAN STREET AND(2) WILLIAM BERCZY BOULEVARD AND WEATHERILL ROAD (5.12.3)Report Attachment

That the report entitled All-way Stop Control for the intersections of (1) William Berczy Boulevard andCynthia Jean Street and (2) William Berczy Boulevard and Weatherill Road dated June 19, 2007, bereceived;

And that the attached by-law to amend Schedule 12 of Traffic By-law 106-71 to include an all-way stopcontrol at the intersections of (1) William Berczy Boulevard and Cynthia Jean Street and (2) WilliamBerczy Boulevard and Weatherill Road, be enacted;

And that the Operations Department be directed to install the all-way stop sign at the subjectintersections;

And that York Regional Police be requested to enforce the all-way stop control upon installation of thesesigns;

And that Staff be advised and directed to do all things necessary to give effect to this resolution.(By-law 2007-180)

(6) CASTLEMORE AVENUE EXTENSIONWISMER SECONDARY PLAN (5.10)Report Attachment

That the June 19, 2007 report entitled Castlemore Avenue Extension, Wismer Secondary Plan be

received;

And that the Mayor and the Clerk be authorized to execute a construction agreement with WismerMarkham Developments Inc. to complete Castlemore Avenue west of Highway 48, includingintersection improvements at Highway 48, at its expense, in a form satisfactory to the CAO, TownSolicitor and Town Treasurer;

And that a capital budget be established for the Castlemore Avenue intersection to be financed byWismer Markham Developments Inc., upon execution of the credit agreement;


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And that staff report back with the necessary credit agreement to be executed with the 404 NorthDevelopers for the financing and construction of the municipal infrastructure (i.e. sanitary sewers,watermain, sidewalk, etc.) to service the Secondary Plan Area, subject to the passage of an ASDC by-law;

And that design and contract administration of the Carlton Creek culvert replacement be awarded to a

consultant engineer to be selected by staff and the Region of York, on a preferred supplier basis in theupset limit of $121,157.60 inclusive of GST and disbursements ($119,960 exclusive of GST) subject toreceipt of funds from the Region of York;

And that a contingency amount of $15,264 inclusive of GST ($14,400 exclusive of GST) be establishedto cover additional design fees associated with the Carlton Creek culvert replacement and that theDirector of Engineering be authorized to approve the expenditure of this amount up to the specifiedlimit;

And that a 2007 Engineering Department Capital Budget be created for the Carlton Creek culvertreplacement at a cost of $145,109 inclusive of Engineering Administration Fees and exclusive of GST to

be funded by the Region of York;

Highway 404 ramp extension at Major Mackenzie DriveAnd that staff be authorized to file the Class Environmental Study for the Hwy 404 ramp extension atMajor Mackenzie Drive with the Ministry of Environment subject to the resolution of the Ministry ofTransportation issues to the satisfaction of the Director of Engineering;

And that the purchase order for McCormick Rankin Corporation (P6509 - 404 Northbound rampextension at Major Mackenzie Dr., EA) for the preparation of the Class EA be increased by $31,900.00to cover the cost of additional preliminary design work required by Ministry of Transportation, andfunded from capital account #083 5350 7272 005, for Highway 404 ramp extension at Major MackenzieDrive;

404 North Trunk Sanitary SewerAnd that staff be authorized to retain a qualified consulting firm in accordance with the TownsPurchasing Bylaw to provide detailed design services for Phase 2 of the 404 North trunk sanitary sewerto an upset limit of $460,000 subject to receipt of funds from the Hwy 404 North Developers;

And that a contingency amount of $48,760 inclusive of GST ($46,000 exclusive of GST) be establishedto cover any additional design fees and that the Director of Engineering be authorized to approve theexpenditure of this amount up to the specified limit;

And that a 2007 Engineering Department Capital Budget be created for the design of Phase 2 of the 404

North trunk sanitary sewer in the amount of $536,360 inclusive of Engineering Administration Fees andexclusive of GST to be financed by the Hwy 404 North Developers;


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(9) AWARD OF TENDER #050-T-07

WOODBINE NORTH TRUNK SANITARY SEWER (5.5)Report Attachment

That the report entitled Award of Tender # 050-T-07 Woodbine North Trunk Sanitary Sewer Phase1, be received;

And that the letter dated June 19, 2007 from Mr. S. Cole, Cole Engineering, regarding the costdistribution of the tender award be received;

And that the tender be awarded to the lowest price qualified bidder, Pachino Construction Co. Ltd in thetotal amount of $4,460,642.00 exclusive of GST, subject to the completion of all conditions as outlinedin this report to the satisfaction of the CAO, Town Solicitor, Town Treasurer and Director ofEngineering;

And that a contingency amount of $535,000.00 exclusive of GST be established to cover any additionalconstruction costs and that the Director of Engineering be authorized to approve expenditure of this

contingency amount up to the specified limit and to provide monthly statements of these expenditures tothe Town Treasurer;

And that a contingency amount of $25,000 exclusive of GST be established to cover any additionalconstruction inspection and contract administration costs and that the Director of Engineering beauthorized to approve expenditure of this contingency amount up to the specified limit;And that staff be authorized to retain a qualified geotechnical consulting firm in accordance with theTowns purchasing bylaw to provide geotechnical and materials testing services during construction foran upset limit not to exceed $ 65,000 exclusive of GST;

And that staff be authorized to retain a qualified hydrogeological consulting firm in accordance with theTowns purchasing bylaw to provide dewatering monitoring services during construction for an upset

limit not to exceed $85,000 exclusive of GST;

And that a contingency amount of $50,000 exclusive of GST be established to cover the Townsestimated share of the joint well monitoring program with the Cathedral Group and that the Director ofEngineering be authorized to approve up to the specified limit;

And that the Capital Budget, account 83-5350-7346-005, be amended to $5,838,835 to be funded basedon schedule in the financial consideration section of this report;

And that the amount of Town financing to the 404 North Employment Lands Developers for their shareof the design and construction of the Hwy 404 Sanitary Sewer be finalized as determined by staff;

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

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And that staff be authorized and directed to do all things necessary, including the execution ofdocuments, to give effect to the above.

(10) WORK PROGRAM AND TERMS OF REFERENCE FORMARKHAM TRANSPORTATION MASTER PLAN (5.14)Report Att 1 Att 2 Att 3

That the presentation and draft report entitled Work Program and Terms of Reference for MarkhamTransportation Master Plan dated June 19, 2007, be received;

And that the draft Work Program and Terms of Reference for the Markham Transportation Master Planbe approved in principle by Council;

And that Council endorse the establishment of a Steering Committee to finalize the terms of referenceand to oversee the preparation of the Markham Transportation Master Plan;

And that Regional Councillors Heath, Jones, Landon, and Wong be appointed to the Steering

Committee;

And that the Markham Transportation Master Plan be renamed to the Markham Transportation StrategicPlan;

And that the need to design a strategy for dealing with transportation proposals from other levels ofgovernment be included as a transportation issue to be considered within the Transportation StrategicPlan;

And that staff report back to Council with the final Work Program, Terms of Reference for the MarkhamTransportation Master Plan, and the recommended consultant selection in Fall, 2007;


(11) PARKING ADVISORY COMMITTEETERMS OF REFERENCE (10.0, 2.17)Report Terms of Reference

That the report entitled Parking Advisory Committee Terms of Reference be received;

And that Council endorse in principle the Terms of Reference for the Parking Advisory Committeeattached as Appendix A;

And that Council confirm the appointments of Mayor Scarpitti (ex officio), Regional Councillors Heath,Jones, Landon, and Wong and Councillors Chiu and Virgilio to the Markham Parking AdvisoryCommittee;

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(12) THE MARKHAVEN FOUNDATIONAPPLICATION FOR OFFICIAL PLAN ANDZONING BY-LAW AMENDMENTS TO PERMIT

THE SEVERANCE OF A

Documents

Frank Reddick Markham Counc