Meeting No. 9

That the report entitled, “Water and Sewer Arrears Added to the Tax Roll” be received for information; and,

That Council endorse the policy of adding of water/sewer arrears to the tax account of the property to which the service was provided effective July 1, 2008; and further,

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

CARRIED

(3) NEW USER FEE- CHARGES ADDED TO THE TAX
COLLECTOR’S ROLL (7.3)

That Council approve a $30.00 administrative fee to be charged for the addition of non-tax related arrears on the tax collector's roll; and,

That By-Law 2002-276 be amended to reflect this fee; and further,

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

(By-law 2008-112)

CARRIED

(4) EXTENSION OF CONTRACT 077-T-05 ADULT SCHOOL
CROSSING GUARDS PROGRAM (3.16)

That the report entitled “Extension of Contract 077-T-05 Adult School Crossing Guard Program” be received; and,

That Contract 077-T-05 Adult School Crossing Guard Program be extended for one (1) additional year ending June 30, 2009 with Staffing Services Inc. and including the existing terms and conditions as outlined in the original bid document, in the estimated annual amount of $576,236.00, exclusive of GST; and,

That funds for this contract during the 2008 season (i.e. September 2008 – December 2008) be funded from the Engineering Department’s 2008 Operating Budget account 640 998 5642 School Crossing Guards in the estimated amount of $253,572.00, exclusive of GST; and,

That funds for this contract during the 2009 season (i.e. January 2009 – June 2009), in the estimated amount of $322,664.00, exclusive of GST, be included in the 2009 budget; and further,

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

(Communication No. 52-2008)

CARRIED

(5) AWARD OF TENDER 065-T-08 TRAFFIC CALMING
AT ROYAL ORCHARD BOULEVARD, CARLTON ROAD AND
VILLAGE PARKWAY (5.12)

That the report entitled “Award of Tender # 065-T-08 Traffic Calming at Royal Orchard Boulevard, Carlton Road and Village Parkway” be received; and,

That the contract for Tender # 065-T-08 Traffic Calming at Royal Orchard Boulevard, Carlton Road and Village Parkway be awarded to the lowest priced qualified bidder, Mopal Construction Limited in the amount of $373,753.00 exclusive of GST; and,

That a contingency in the amount of $56,062.00 exclusive of GST, be established to cover any additional construction costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit; and,

That the award be funded from the 2007 Engineering Capital for Safe Streets Programme, project # 083 5350 7660 005 in the amount of $429,815.00; and further,

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

CARRIED

(6) MOTION REGARDING POWERSTREAM
OPERATIONS CENTRE (13.7)

Motion

That the following Shareholder Waiver regarding the PowerStream Operations Centre, adopted by the Board of Directors of Markham Enterprises Corporation at its meeting held on June 9, 2008, be approved; and,

That the Mayor and Clerk be authorized to execute the waiver in substantially the form set out, in a form satisfactory to the Chief Administrative Officer:

“WHEREAS the undersigned are parties to the Shareholders Agreement for PowerStream Inc. dated June 1, 2004 (the “USA”);

AND WHEREAS all capitalized terms used herein have the meanings ascribed thereto in the USA;

AND WHEREAS Section 2.05 of the USA requires the Corporation to maintain two operations centres, one to be located in each of Markham and Vaughan, Ontario;

AND WHEREAS it is now intended that the Corporation maintain, at a minimum, one operations centre, to be located in either Markham or Vaughan, Ontario;

AND WHEREAS the undersigned accordingly desire to waive the requirements of Section 2.05 of the USA;

NOW THEREFORE FOR VALID CONSIDERATION, the undersigned hereby waive Section 2.05 of the USA such that the Corporation shall maintain, at a minimum, one operations centre to be located in either Markham or Vaughan, Ontario, provided that the operations of the Corporation shall be carried out by the Corporation to the current service level and other standards which, at a minimum, are in compliance with the requirements of the Ontario Energy Board.

Agreed as of the day of June, 2008.

THE CORPORATION OF THE TOWN OF MARKHAM

Per: ____________________________

Mayor

Per: _____________________________
Clerk

MARKHAM ENTERPRISES CORPORATION

Per: ____________________________
Name:

THE CORPORATION OF THE CITY OF VAUGHAN

Per: ___________________________

Name:

Per: ___________________________

Name:

VAUGHAN HOLDINGS INC.

Per: ___________________________

Name:

Per: ___________________________

Name:

POWERSTREAM INC.

Per: ___________________________

Name:

Per: ___________________________

Name:”

CARRIED

(See following motion which was withdrawn)

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

That the following Clause (6), Report No. 29 regarding Powerstream operations centre, be withdrawn:

"Whereas PowerStream Management has recommended to its Board of Directors that it move to one operation centre to service PowerStream’s existing service territory;

And whereas at its meeting of April 25, 2008, PowerStream’s Board of Directors approved a recommendation authorizing PowerStream’s Management to finalize negotiations with JAXX Corporation (Atlas) for the lease and purchase option of a new operations centre and for the purchase of adjacent land for a new transformer station, subject to Shareholder approval;

And whereas the Shareholders Agreement (“Shareholders Agreement”) between The Corporation of the Town of Markham, Markham Energy Corporation, The Corporation of the City of Vaughan and Amalco Hydro Distribution Inc., dated June 1, 2004, as amended, provides in Section 2.05 that the Corporation shall maintain two (2) operations centres, together with two (2) store front customer service centres, one to be located in each of Markham and Vaughan;

And whereas Section 5.03 of the Shareholders Agreement provides that an amendment to the Shareholders Agreement requires agreement in writing, duly executed by all parties to the Shareholders Agreement;

It is therefore resolved that The Corporation of the Town of Markham approves an amendment to Section 2.05 of the Shareholders Agreement so that it reads as follows:

“The head office and registered office of the Corporation shall be located in one of the municipalities where the Business is conducted. In addition, the Corporation shall maintain one or more operation centre(s) within PowerStream’s service territory, one of which shall be located within Markham or Vaughan, and shall maintain two store front customer service centres, one to be located in each of Markham and Vaughan, Ontario.”"

CARRIED

(7) AWARD OF TENDER #052-T-08 TOWNWIDE, PAVEMENT
MARKINGS (7.12.2)

That the report entitled “Award of Tender # 052-T-08 Townwide, Pavement Markings” be received; and,

That the contract for Townwide, Pavement Markings be awarded to the lowest bidder, Guild Electric Ltd. for an estimated annual amount of $254,089.40 exclusive of GST, totalling $762,268.20 exclusive of GST for a period of three (3) years; and,

That funds for this contract for the 2008 period be drawn from the 2008 Operating Budget Account 700 505 5307 Pavement Markings in the estimated amount of $254,089.40 exclusive of GST; and,

That funds for this contract for the 2009 and 2010 periods, in the estimated amount of $508,178.80 exclusive of GST, be included in the 2009 and 2010 Operating Budget; and further,

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

CARRIED

(8) AWARD OF TENDER 043-T-08 STEELES AVENUE EAST
WATERMAIN REPLACEMENT (PHASE 2) FROM HENDERSON
AVENUE TO BAYVIEW AVENUE (5.4)

Report Attachment

That the report entitled “Award of Tender 043-T-08 Steeles Avenue East Watermain Replacement (Phase 2) from Henderson Avenue to Bayview Avenue” be received; and,

That the contract for 043-T-08 Steeles Avenue East Watermain Replacement (Phase 2) from Henderson Avenue to Bayview Avenue be awarded to the lowest priced bidder, Hollingworth Construction Co. in the amount of $965,877.50 exclusive of GST; and,

That a separate purchase order in the amount of $96,587.75 exclusive of GST be issued for contingency to cover any additional fees and that the Director of Asset Management be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,

That staff be authorized to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical and materials testing services during construction for an upset limit of $7,000.00 exclusive of GST; and,

That the award be funded from the 2008 Waterworks Department Capital Project 053-6150-8435-005 Watermain Construction/Replacement; in the amount of $1,350,000.00; and,

That upon payment of all the invoices, the remaining funds in the amount of $280,534.75 be returned to the original funding source; and further,

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

CARRIED

(9) CANCELLATION, REDUCTION OR REFUND OF TAXES
UNDER SECTION 357 AND 358 OF THE MUNICIPAL ACT 2001 (7.3)

That taxes totalling approximately $234,407.42 be adjusted under Section 357 (in the amount of $222,240.66) and Section 358 (in the amount of $12,166.76) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $29,708.48; and,

That the associated interest be cancelled in proportion to the tax adjustments; and,

That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,

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

CARRIED

(10) 2008 TAX RATE AND LEVY BY-LAW (7.3)

That a by-law to provide for the levy and collection of property taxes totalling $469,324,052 required by the Town of Markham, Regional Municipality of York and the Boards of Education in a form substantially similar to the attached Appendix and satisfactory to the Town Solicitor and to provide for the mailing of notices requesting payment of taxes for the year 2008, as set out as follows, be approved:

Town of Markham: $102,254,653

Region of York: $194,918,649

School Boards: $172,150,750

Markham BIA: $ -

Unionville BIA: $ -

Total $469,324,052; and,

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

(By-law 2008-113)

CARRIED

(11) DEVELOPMENT CHARGES TRANSITION RULES (7.11)

That the report titled “Development Charge Transition Rules” be received; and,

That Council approve a transition policy for implementation of the proposed development charge by-law amendments, as follows:

that subdivision applicants that have submitted all documentation required to initiate the Subdivision Agreement, as set out in this report, on or before 14 days from the date of enactment of the 2008 Town Wide Hard and Area Specific Development Charge By-laws, be charged development charges based on the current 2004 bylaw rates, as indexed;
that site plans that have been endorsed by Council on or before 14 days from the date of enactment of the 2008 Town Wide Hard and Area Specific Development Charge By-laws, be charged development charges based on the current 2004 bylaw rates, as indexed; and,

That subdivision applicants that qualify for the 2004 development charge rates be given until September 30, 2008 to register their subdivisions, failing which the 2008 by-law rates apply; and,

That site plan applicants that qualify for the 2004 development charge rates be given until September 30, 2008 to complete the site plan agreement process and obtain a building permit, failing which the 2008 by-law rates apply; and further,

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

MOTION DEFERRED

(See following motion to deferred)

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

That Clause (11), Report No. 29 regarding Development Charges Transition Rules be deferred to the June 24, 2008 Council meeting for consideration.

CARRIED

(12) SPECIAL GENERAL COMMITTEE MEETING (9.0)

That, as recommended by the Chair, June 23, 2008 be set aside for an extra General Committee meeting in the event it is required to complete its business before the summer recess.

CARRIED

(13) COUNCIL REMUNERATION (11.9)

Memorandum

That the Staff Memorandum dated May 5, 2008 from the Director of Human Resources be received; and,

That there be a one time economic adjustment to equalize Ward and Regional Councillors’ base salaries; and

That further benefit improvements and remuneration increases be based on the CUPE Agreement, as it is for the Town’s non-union staff, with effect from April, 2007.

CARRIED

6(b) REPORT NO. 30 - GENERAL COMMITTEE (June 9, 2008)

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

That Report No. 30 - General Committee (June 9, 2008) comprised of one clause be received and adopted.

(1) AWARD OF TENDER #023-T-08 TOWNWIDE BUILDING
MECHANICAL MAINTENANCE (7.12)

Report Attachment

That the report entitled “Award of Contract # 023-T-08 Townwide Building Mechanical Maintenance” be received; and,

That the contract for # 023-T-08 Townwide Building Mechanical Maintenance (for various facilities as listed under Appendix A) be split between the two (2) lowest priced suppliers SIG Mechanical Inc. and Versatech Mechanical Inc; and,

That the contract for # 023-T-08 Townwide Building Mechanical Maintenance be awarded to SIG Mechanical Inc for the June 1^st – Dec 31^st 2008 period in the estimated amount of $97,358.33 exclusive of GST and a estimated annual value of $166,900.00 exclusive of GST for a period of four (4) years (2009-2012) totaling $682,771.21 exclusive of GST, based on stipulated price escalations of 3% in year 4 and 5 of the contract; and,

That the contract for # 023-T-08 Townwide Building Mechanical Maintenance be awarded to Versatech Mechanical Inc for the June 1^st – Dec 31^st 2008 period in the estimated amount of $27,302.33 exclusive of GST and a estimated annual value of $46,804.00 exclusive of GST for a period of four (4) years (2009-2012) totaling $191,470.49 exclusive of GST, based on stipulated price escalations of 3% in year 4 and 5 of the contract; and,

That the contract costs for the June 1^st to Dec 31^st 2008 period be funded from the 2008 Operating Budget Accounts as listed under Appendix A in the estimated annual amount of $124,660.66 exclusive of GST; and,

That the contract costs for the 2009, 2010, 2011 & 2012 periods (estimated $213,704.00 per annum, exclusive of GST plus stipulated price escalations as identified in Appendix A) be included in the operating budgets for the respective years pending Council approval of the operating budgets; and further,

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

CARRIED

6(c) REPORT NO. 31 - DEVELOPMENT SERVICES COMMITTEE (June 10, 2008)

Moved by Councillor J. Webster

Seconded by Deputy Mayor J. Heath

That Report No. 30 - General Committee (June 9, 2008) comprised of one clause be received and adopted.

(1) TRAIN ANTI-WHISTLING UPDATE (5.13)

That the presentation provided by Mr. A. Brown, Director of Engineering and Mr. J. Lustig, Director of Financial and Client Services regarding Train Anti-Whistling Update, be received; and,

That the Region of York be requested to partner with the Town of Markham to install all appropriate safety measures, including pedestrian gates, at all level train crossings within the urban boundary of Markham regardless of local anti-whistling policies; and,

Whereas residents of the Town of Markham and Region of York are desirous of a better quality of life and have been requesting the cessation of train whistling at road crossings for over 5 years; and,

Whereas Anti-Whistling by-laws and the cessation of whistling has been implemented at some road/train crossings in the Region of York and Greater Toronto Area (GTA);

Now therefore be it resolved that Council endorse the implementation of anti-whistling by-laws within the urban boundary of the Town of Markham, with priority given to the thirteen level train crossing on the Uxbridge Line; and,

That the Region of York be requested to amend its June 11, 2008 Anti-Whistling Policy for trains at road/rail crossings to:

Permit anti-whistling at Regional road crossings on a 24 hour per day basis;
Fund all costs associated with the implementation of anti-whistling at Regional road/train crossings;
Be responsible for any added risk and liability at Regional road/train crossings; and,

That the Region of York be requested to expedite the implementation of train anti-whistling by-laws at Regional crossings; and,

That the City of Toronto be requested to implement an anti-whistling by-law for the Steeles Avenue/Uxbridge Line crossing.

CARRIED

(See following recorded votes)

Council consented to division of Clause (1), Report No. 30 regarding train anti-whistling as follows:

Paragraph 5

CARRIED ON A RECORDED VOTE (11:1)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor L. Kanapathi, Councillor A. Chiu. (11)

NAYS: Councillor D. Horchik. (1)

ABSENT: Councillor V. Burke. (1)

Paragraph 6, Bullet 1

· Permit anti-whistling at Regional road crossings on a 24 hour per day basis;

CARRIED ON A RECORDED VOTE (11:1)

(See following recorded vote)

NAYS: Councillor D. Horchik. (1)

ABSENT: Councillor V. Burke. (1)

7. MOTIONS

(1) There was no motion.

8. NOTICE OF MOTIONS

(1) There was no notice of motion.

9. COMMUNICATIONS

Council consented to separate Communication No. 49-2008.

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

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

Received

46-2008 Gord Weeden - Extending appreciation to Council and staff regarding Town's assistance on the street sign for Gordon Weeden Road. (12.2.6)

Referred to all Members of Council

47-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Salaam Namaste Indian Fine Cuisine Inc., 3000 Highway No. 7 East, A-2 (indoor and outdoor licence for new establishment). (3.21)

48-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Watami Sushi & Grill, 4372 Steeles Avenue East, Unit G74 (indoor licence for establishment previously licenced). (3.21)

49-2008 Unionville BIA - Forwarding a request to temporarily close various streets at Main Street Unionville as follows:

Roads to be closed

- Main Street Unionville diagonally at Main Street Unionville Lane - also known as Concession Road

- Main Street Unionville north to Carlton Road

- Fred Varley Drive at EJ Lennox Way

Events, Dates and Times

- Unionville Celtic Festival (July 12, 2008 from 6:00 p.m. to 11:00 p.m.)

- Unionville Jazz On Main (August 15 and 16, 2008 from 6:00 p.m. to 12:00 midnight). (3.5)

(By-law 2008-114)

Moved by Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That "Markham Jazz Festival" be amended to read as "Unionville Jazz On Main", under Communication No. 49-2008.

CARRIED

50-2008 Markham District Veterans' Association - Forwarding a request to temporarily close the following streets on June 27, 2008 from 2:00 p.m. to 12:00 midnight to facilitate the Fiesta Canada's Multicultural Day:

- Washington Street from Hwy 7 to south Centre Street

- Jerman Street from Hwy 7 to south Edward Street. (3.5)

(By-law 2008-115)

51-2008 Markham Village BIA - Forwarding a request to close the following streets at Main Street Markham to facility the Pedestrian Mall being held on July 20 and October 5, 2008 from 10:00 a.m. to 6:00 p.m.:

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

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

a) Centre Street

b) Robinson Street.

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

b. Dublin Street

c. Robinson Street

d. Wilson Street

- Robinson Street West from Main Street Markham North to Water Street. (3.5)
(By-law 2008-116)

52-2008 Paul D. Imrie, President, Staff Services for School Crossing Guard - Providing information related to overall service levels on school crossing guard as requested by General Committee at its meeting held on May 26, 2008. (3.16)

Referred to Commissioner of Development Services & Town Solicitor

53-2008 Ontario Municipal Board - Forwarding a memorandum of oral decision regarding the appeals submitted by 1547155 Ontario Ltd. for the development at 7751 Yonge Street. (13.13)

54-2008 Ontario Municipal Board - Forwarding a memorandum of oral decision regarding the appeals submitted by 1691126 Ontario Ltd. (Liberty Development Corporation) for the development at 7161 and 7171 Yonge Street. (13.13)

55-2008 Ontario Municipal Board - Forwarding a memorandum of oral decision regarding the appeals submitted by Romanovich Family for the Town of Markham Official Plan Amendment No. 149. (13.13)

56-2008 Ontario Municipal Board - Forwarding a memorandum of oral decision delivered on April 18, 2008 regarding the appeals for the properties on Langstaff Road. (13.13)

CARRIED

Referred to all Members of Council

57-2008 Greg McCormick, Chairman, Unionville BIA
Richard D. B. Talbot, President, The Unionville Ratepayers Association
Peter R. Wales, President, Unionville Villagers Association (UVA)
- Forwarding their comments regarding the proposal at 161 Main Street Unionville. (10.5) (Other Business 2)

10. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)