Meeting No. 6

1) That the report entitled “Contract Extension 014-T-09 Concrete Maintenance be received”; and,

2) That the contract 014-T-09 for Concrete Maintenance be extended with VTA Construction for Two (2) years (2010 -2011) in the estimated annual amount of $693,276 and at the same 2009 itemized pricing; and,

3) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, Non Competitive Procurement (c) “ When the extension of an existing contract would prove more cost effective or beneficial; and,

4) That the award be funded from Operations and Waterworks Department 2010 Operating and Capital Budgets accounts as detailed in the financial template and the 2011 budget upon approval; and,

5) That Staff be authorized to amend the award amount in 2011 to reflect changes to Operations and Waterworks Department Operating and Capital budget accounts (listed in financial template) approved by Council during the annual budgeting process; and further,

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

CARRIED

(4) AWARD OF TENDER 340-T-09
CONSTRUCTION OF GREENSBOROUGH
NEIGHBOURHOOD PARK ON STALMASTER ROAD (7.12)

1) That the report entitled “Award of Tender 340-T-09 Construction of Greensborough Neighbourhood Park on Stalmaster Road” be received; and,

2) That the Contract for 340-T-09 Construction of Greensborough Neighbourhood Park on Stalmaster Road be awarded to third lowest priced bidder, Colpac Construction Inc., in the amount of $579,451.00 inclusive of PST and exclusive of GST; and,

3) That a separate purchase order in the amount of $52,945.10 exclusive of GST be issued to the contractor for contingency to cover any additional fees, that a separate purchase order in the amount of $5,000.00 exclusive of GST be issued to MEP Design Inc. for any additional contract administration services and that the Town Architect be authorized to approve expenditure of these contingency amounts up to the specified limit in accordance with the Expenditure Control Policy; and,

4) That Internal Capital Administration fees be charged against the 2007 Urban Design Department Capital Project 081-5350-7625-005 Greensborough NP Stalmaster in the amount of $42,165.09; and,

5) That the award in the amount of $679,561.19 be funded from the 2007 Urban Design Department Capital Project 081-5350-7625-005 Greensborough NP Stalmaster with a balance remaining of $542,450.00; and,

6) That the shortfall in the amount of $137,111.19 be funded from the Urban Design development charges reserve account in the amount of $123,400.07 and the balance in the amount of $13,711.12 be funded from the capital contingency account # 044 6900 6395 005 and transferred to the Urban design account # 081 5350 7625 005; and further,

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

CARRIED

(5) PROPOSED AMENDMENTS TO THE TOWN’S
ELECTION SIGN REGULATIONS (14.0)

Report 1 2 3 4

1) That the report entitled “Proposed Amendments to the Town’s Election Sign Regulations” be received; and,

2) That the proposed amending by-law to the Sign By-law 2002-94 be revised as follows:

- Delete the following Subsection (e) under Section 17.6 regarding Lawn Signs:

(e) Where the residential lot is defined as a Flankage Lot in the applicable Zoning By-law, a second sign per candidate is permitted in the flankage yard or in the abutting municipal boulevard to the residential lot only.

- Delete the following words from Subsection (d) under Section 17.7 regarding Election Campaign Office:

(d) "…and within the Unionville Heritage District"; and,

3) That the proposed amending by-law to the Sign By-law 2002-94, as revised by Council this date, be referred to staff for review and brought back to the April 19, 2010 General Committee meeting; and,

4) That the Fees By-law 2002-276 be amended as shown on Appendix “D” to the staff report; and further,

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

(By-laws 2010-49 and 2010-50)

CARRIED AS AMENDED

(See following to amend the proposed motion)

Resolution No. 2)

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That the following Subsection (e) under Section 17.6 regarding Lawn Signs be deleted from the proposed amending by-law to the Sign By-law 2002-94:

"(e) Where the residential lot is defined as a Flankage Lot in the applicable Zoning By-law, a second sign per candidate is permitted in the flankage yard or in the abutting municipal boulevard to the residential lot only."

CARRIED BY A RECORDED VOTE (10:2)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

NAYS: Regional Councillor J. Jones, Regional Councillor J. Virgilio. (2)

ABSENT: Regional Councillor G. Landon. (1)

Council consented to remove the words "…and within the Unionville Heritage District" from Subsection (d) under Section 17.7 regarding Election Campaign Office of the proposed amending by-law to the Sign By-law 2002-94.

Resolution No. 3)

Moved by Councillor D. Horchik

Seconded by Deputy Mayor J. Heath

That the proposed amending by-law to the Sign By-law 2002-94, as revised by Council this date, be referred to staff for review and brought back to the April 19, 2010 General Committee meeting.

CARRIED

(6) AWARD OF TENDER 342-T-09
SECURITY GUARD SERVICES
FOR THE ANTHONY ROMAN CENTRE
& 8100 WARDEN AVE (7.12)

1) That the report entitled “Award of Tender 342-T-09 Security Guard Services for the Anthony Roman Centre & 8100 Warden Ave” be received; and,

2) That Tender 342-T-09 for Security Guard Services for the Anthony Roman Centre & 8100 Warden Ave be awarded to the 3^rd lowest priced bidder, ASP Incorporated for an annual amount of $208,684 inclusive of HST totalling $626,052 for a period of three (3) years; and,

3) That funds for this contract for the 2010 period (April 1, 2010 to December 31, 2010) in the amount of $155,610.67 inclusive of HST be drawn from the following 2010 Operating Budget Accounts;

- $151,467.62 750-751-5312 Civic Centre Security

- $ 4,143.05 750-757-5312 8100 Warden Security

4) That funds for this contract for January 1, 2011 to March 31^st, 2013 in the amount of $469,539 be awarded subject to Council approval of the 2011, 2012 and 2013 Operating Budget; and further,

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

CARRIED

(7) ROBINSON STREET LANEWAY
SANITARY SEWER SYSTEM
– FEES BY-LAW (7.0)

Report Field Allocation Policy Diamond Allocation Policy Presentation

1) That the report entitled “Robinson Street Laneway Sanitary Sewer System – Fees By-law” be received; and,

2) That Council enact a Fees By-law pursuant to Section 391 of the Municipal Act, 2001 for costs associated with the sanitary sewer system; and,

3) That the Finance Department be authorized to collect the total project costs for the Robinson Street Laneway Sanitary Sewer System from the four property owners of Robinson Street Laneway (as set out in the Fees By-law); and,

4) That the costs per lot be paid as either as an interest free lump sum payment or annually up to a maximum of 15 years accruing interest at the same rate as the current Region of York 15 Year Debenture Rate, 5% calculated annually in advance; and,

5) That any unpaid amounts be added to the tax account of each property owner; and,

6) That the collected funds be reimbursed to the Waterworks Stabilization Capital Reserve (88.4%) and Life Cycle Replacement and Capital Reserve Fund (11.6%) based on the funding split of the expenditures; and further,

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

(By-law 2010-51)

CARRIED

(8) FIELDS & DIAMONDS
ALLOCATION POLICIES (6.0)

1) That the report entitled “Fields & Diamonds Allocation Policies” be received; and,

2) That Council endorse the Fields Allocation Policy, giving staff the authority to allocate time on fields in accordance with the policy; and,

3) That Council endorse the Diamonds Allocation Policy, giving staff the authority to allocate time on diamonds in accordance with the policy; and further,

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

CARRIED

6(b) REPORT NO. 17 - GENERAL COMMITTEE (March 29, 2010)

Council consented to separate Item No. 2.

Moved by Regional Councillor J. Virgilio

Seconded by Councillor C. Moretti

That Report No. 17 - General Committee comprised of 8 items be received and adopted, except Item No. 2.

(See following Item No. 2)

(1) 2010 COUNCIL & COMMITTEE
MEETING SCHEDULE (16.23)

Schedule

1) That the 2010 Council & Committee Meeting Schedule (from September to December) be approved.

CARRIED

(2) MINUTES OF THE MARCH 8, 2010
GRANTS SUB-COMMITTEE (16.0)

Minutes

1) That a Celebrate Markham grant in the amount of $6,500 be allocated to the Unionville BIA for the Unionville Olde Tyme Christmas Parade; and,

2) That a Council workshop be held regarding the relationship between the Town and the Markham and Unionville BIAs, including funding requests; and,

3) And that staff bring forward a report from the discussions at the workshop, to General Committee by May, 2010; and,

4) That the Minutes of the March 8, 2010 Grants Sub-Committee be received; and,

5) That Council endorse the following resolution from the March 8, 2010 Grants Sub- Committee meeting: “That a 2010 Celebrate Markham grant in the amount of $1,000 be allocated to Fiesta Canada, subject to receipt of the appropriate financial documents”; and

6) That the resolution from the March 8, 2010 Grants Subcommittee “That an extra $25,000, over and above the Celebrate Markham budget for 2010, be allocated to the BIA’s for tourist events; ($12,500 to the Unionville BIA, and $12,500 to the Markham BIA)” be referred to the Council workshop; and further,

7) That the correspondence from Regional Councillor Joseph Virgilio and Councillor Don Hamilton requesting a $20,000 Celebrate Markham Grant to support the Unionville BIA Bandstand concert series, be referred to the Council workshop.

CARRIED

(Resolution No. 6 carried by a recorded vote) (10:2)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

NAYS: Regional Councillor J. Jones, Councillor J. Webster. (2)

ABSENT: Regional Councillor G. Landon. (1)

(3) MUNICIPAL FUNDING AGREEMENT
FOR GAS TAX ALLOCATION (7.0)

Report 1 2

1) That the report dated March 29, 2010 entitled “Municipal Funding Agreement for Federal Gas Tax Allocation” be received; and,

2) That a By-Law be enacted granting authority to the Mayor and Clerk to sign the “Amending Municipal Funding Agreement” between the Town of Markham and the Association of Municipalities of Ontario (AMO); and further,

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

(By-law 2010-52)

CARRIED

(4) CONTRACT EXTENSION OF REQUEST
FOR PROPOSAL (RFP) # 061-R-09 CONSULTING
SERVICES FOR FACILITY PROJECT MANAGEMENT
AND SPACE PLANNING (17.12.1)

1) That the report entitled “Contract Extension of Request for Proposal (RFP) # 061-R-09 “Consulting Services for Facility Project Management and Space Planning” be received; and,

2) That the contract for RFP# 061-R-09 “Consulting Services for Facility Project Management and Space Planning” be extended with Mayhew Associates for two (2) additional years (May 1, 2010 to April 30, 2012) in the estimated annual amount of $200,000 exclusive of GST; and,

3) That the Director of Asset Management and the Manager of Purchasing be authorized to exercise the option to renew contract 061-R-09 for an additional 2 years from (May 1, 2012 to April 30, 2014) with a labour price increase of 5% for period from May 1, 2013 to April 30, 2014, subject to performance and budget approval; and,

4) That the 2010 award be funded from the Facility Assets Department 2010 Operating budget account number 750-101-5399-10247 in the amount of $200,000.00; and,

5) That Staff be authorized to amend the purchase order in years 2011-2014 to reflect changes to the annual Corporate accommodation Operating budget by Council during the annual budgeting process; and further,

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

CARRIED

(5) 028-S-10 PURCHASE OF EQUIPMENT FOR
THORNHILL AND MILLIKEN MILLS
LIBRARIES (17.12.3)

1) That the Report entitled “028-S-10 Purchase of Equipment for Thornhill and Milliken Mills Libraries” be received; and,

2) That staff be authorized to issue a Purchase Order to 3M Canada Company for one (1) FX 9-bin book sorter with patron and staff induction, and two (2) 7410 V-series SelfCheck units with corian tops, for Thornhill Community Branch (Infrastructure Project) in the amount of $ 292,626 (including freight, installation and applicable taxes); and,

3) That staff be authorized to issue a Purchase Order for 3M equipment for Milliken Mills Branch for two (2) RFID/Barcode enabled 7410 V-series Self check units with corian tops, three (3) 946 RFID staff workstations and one (1) 803 digital library assistant handheld unit, in the amount of $ 111,726 (including freight, installation and applicable taxes); and,

4) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, Non Competitive Procurement, “Where there is only one source of supply for the goods to be purchased”; and “When the extension of an existing contract would prove more cost-effective and beneficial”; and,

5) That the award for Purchasing of equipment for the Thornhill branch in the amount of $292,626 be funded from the 2010 Capital Budget #070-5350-9515-005 Thornhill Community Centre and Library Renovation Stimulus Project; and,

6) That the award for Purchasing of equipment for Milliken Mills Branch in the amount of $111,726 be funded from the 2010 Capital Budget #049-6150-10078-005, the 3M Equipment Life Cycle Replacement Phase 2 of 3; and,

7) That upon approval of the yearly operating budget, an annual amount of $27,425.25 be budgeted for a 5 year service plan out of the ITS Operating Budget #400-404-5360 following the expiry of the one year warranty period., and further

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

CARRIED

(6) STATUS OF CAPITAL PROJECTS AS
OF DECEMBER 31, 2009 (7.0)

1) That the report entitled “Status of Capital Projects as of December 31, 2009” be received; and,

2) That $1.12M from closed capital projects be transferred to the sources of funding as listed on Exhibit A; and,

3) That $200,000 be transferred from the Waterworks Stabilization/Capital Reserve account to fund the Relocation of Waterworks Operations from Miller Avenue to 8100 Warden Avenue (account # 053-5350-9502-005); and,

4) That the Capital Budget Control Policy section 3.1 be amended to grant authority to Staff to approve funding transfers (within limits defined in Expenditure Control Policy section 6.03); and,

5) That the Capital Budget Control Policy section 3.2 be amended to grant authority to the CAO to approve refinements to activities within approved scope of the project; and,

6) That the Capital Budget Control Policy section 3.3 be amended to grant authority to the Treasurer to approve project consolidations, as long as the projects involved are of a similar scope; and,

7) That the CAO be delegated authority to make any future administrative changes to the Capital Budget Control Policy; and further,

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

CARRIED

(7) ANGUS GLEN INDOOR TENNIS
STRUCTURE AND CLUBHOUSE UPDATE
(RINC/ONTARIO REC FUNDING) (6.8)

1) That the report dated March 29, 2010 and entitled “Angus Glen Indoor Tennis Structure and Clubhouse Update (RInC/Ontario REC Funding)” be received; and,

2) That the attached final Site Plan, Building Plans and Elevations for the Angus Glen Indoor Tennis Structure and Clubhouse, as presented herein, be approved; and,

3) That staff proceed with the preparation of working drawings and tender documents, tendering and tender award as required for the construction of the Angus Glen Indoor Tennis Structure and Clubhouse and associated landscape works; and,

4) That the Chief Administrative Officer (CAO) be delegated authority to award the construction tender to the successful bidder provided that the project is within budget or can be made to come within budget through selected scope changes and corresponding price adjustments ; and,

5) That an appropriate construction contingency and consulting services contingency (to a maximum of 15%) be identified in the Contract Award Report provided that the all approved project costs including tender award and the contingency amounts do not exceed the allocated budget for this project; and,

6) That the Manager of Parks and Open Space Development be authorized to approve the expenditure of the contingency amounts up to the specified limit and in accordance to the expenditure control policy of the Town and a monthly status be provided to the Town Treasurer; and,

7) That the Director of Planning and Urban Design, or designate, be delegated authority for Site Plan Approval; and,

8) That additional funding in the amount of $291,000 be provided to this project for identified soils, groundwater, and grading issues, and funded from the Park Development Development Charges (DC) Reserve Fund in the amount of $261,900 (90% of $261,900) and from the Capital Contingency budget in the amount of $29,100 (10% of $291,000); and,

9) That the Commissioner of Community and Fire Services be authorized to reallocate the budgeted funds within this project as required, and for approved project purposes as identified by the Manager of Parks and Open Space Development, such that the total expenditures do not exceed the total approved budget; and further,

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

CARRIED

(8) TRAVEL EXPENSES AUTHORIZATION
- REGIONAL COUNCILLOR J. JONES (16.23)

1) That authorization be granted to Regional Councillor J. Jones for a one-day trip to Chicago to meet with consultants, with travel expenses to be paid from his discretionary budget.

CARRIED

6(c) REPORT NO. 18 - GENERAL COMMITTEE (April 12, 2010)

Council consented to add Report No. 18 and to separate Items 1 and 3.

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That Report No. 18 - General Committee comprised of 3 items be received and adopted, except Items 1 and 3.

(See following Items 1 and 3)

(1) APPROVAL OF MARKHAM’S
INTEGRATED LEISURE MASTER PLAN (3.0)

1) That the report entitled “Approval of Markham’s Integrated Leisure Master Plan” be received; and,

2) That Council approve the Integrated Leisure Master Plan (ILMP) as attached and amended as follows:

a) Recommendation # 19 to be amended to read:

“Enhance partnerships with school boards, community agencies, places of worship, sport groups, private recreation facilities, and/or ethnic-based clubs that strengthen services and accessibility and enhance opportunities for the residents of Markham.”;

b) Add a new recommendation to Indoor Aquatic Centres section in Goal 1 of the Plan:

“Build, in partnership with the 2015 Pan Am Games, a 50m pool in the Town of Markham and pursue further recreation facility opportunities in the Town of Markham as a result of the Games.”;

c) Recommendation # 76 to be amended by adding the word "locally" to read:

"...post-secondary institutions locally and from across the globe.";

d) Recommendation # 167 to be amended to read:

"…reflects the types of park and green space assets that have been built historically and are anticipated to be built as Markham urbanizes. Classification categories should be driven by use, purpose, setting and size. This new system should be used for classifying all parks, green space, and open spaces located in Markham…"; and;

3) That Council direct the Commissioner of Community & Fire Services to develop implementation plans for the recommendations and report progress annually to Council while also incorporating the ILMP into annual business planning and capital and operating budget processes; and,

4) That staff be authorized and directed to do all things necessary to give effect to this resolution; and further,

5) That Council recognize the Project Team Members for their outstanding contribution to the Markham's Integrated Leisure Master Plan, including:

- Brenda Librecz, Commissioner of Community & Fire Services - Project Sponsor

- Catherine Biss, CEO of Markham Public Library - Project Manager

- Mary Creighton, Director of Recreation Services (from January 2010)

- Barb Cribbett, Town Treasurer (to January 2010)

- Nadine Daley, Manager of Human Resources

- Paul Ingham, General Manager of Operations

- Linda Irvine, Manager of Parks & Open Space Development

- Tim Lambe, Manager of Policy and Research

- Joel Lustig, Town Treasurer (from January 2010)

- Victoria McGrath, Director of Sustainability Office

- Cathy Molloy, Manager of Museum

- Kevin Ross, Manager of Development Finance

- John Ryerson, Director of Culture

- Colin Service, Manager of Planning & Policy Development

- Sara Tam, Manager of Business Planning & Innovation

- Glen Taylor, Acting Director of Recreation Services (to January 2010)

- Debbie Walker, Director of Library Strategy & Innovation

- Meg West, Manager of Strategic Initiatives

- Steve Langlois, Monteith Brown Planning Consultants

- Jean Monteith, Monteith Brown Planning Consultants.

CARRIED AS AMENDED UNANIMOUSLY

(See following motion)

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That Council recognizing the Project Team Members for their outstanding contribution to the Markham's Integrated Leisure Master Plan.

CARRIED

Council consented to add the following to the end of Section b) of Resolution No. 2:

"…and pursue further recreation facility opportunities in the Town of Markham as a result of the Games."

(2) APPOINTMENTS TO ADVISORY
COMMITTEES AND BOARDS (16.24)

1) That the following persons be appointed to the Achievement and Civic Recognition Awards Committee (ACRA) for the term ending November 30, 2010:

Ms. Sherry Hugh

Mr. Rommel Domingo

Ms. Zainab Hussaen

Mr. Harvey Rogers

Mrs. Tammy Mok

Mrs. Joan Stockwell

CARRIED

(3) GOVERNANCE, ORGANIZATION AND
FINANCE REVIEW OF THE
ROUGE PARK ALLIANCE

Report Maps 1

1) That the staff report entitled Governance, Organization and Finance Review of the Rouge Park Alliance dated April 13, 2010 be received; and,

2) That Council support in principle the recommendations of the Governance, Organization and Finance Review for the future management of the Rouge Park as a National Park, subject to satisfactory agreement upon a new Founding Deal conditions as set out in this report; and,

3) That staff continue to monitor and participate in future discussions regarding a new Founding Deal or any alternative interim and long term Rouge Park arrangements and that staff report back to Committee/Council on progress of the Founding Deal negotiations; and,

4) That applicable Rouge Park Implementation Task Force (RPITF) recommendations be integral to all discussion of a new Founding Deal; and,

5) That this staff report be forwarded to the Rouge Park Alliance; and,

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

7) That Council recognize Deputy Mayor J. Heath, Alan Wells, Chair, Rouge Park Alliance and staff for their efforts on this matter, including:

- Karen Boniface, Technical Coordinator

- Catherine Conrad, Town Solicitor

- Lilli Duoba, Senior Project Coordinator (Rouge River & Environment)

- John Livey, Chief Administrative Officer

- Joel Lustig, Treasurer

- Learie Miller, Senior Planner, Environmental Policy

- Bob Nicholson, Manager, Business & Technical Services

- Mavis Urquhart, Manager, Environmental Leadership

- Meg West, Manager, Strategic Initiatives.

CARRIED UNANIMOUSLY

Council consented to recognize Deputy Mayor Heath, Alan Wells and Staff for their efforts regarding Governance, Organization and Finance Review of the Rouge Park Alliance.

6(d) REPORT NO. 19 - DEVELOPMENT SERVICES COMMITTEE (April 13, 2010)

Council consented to add Report No. 19 and to separate Item No. 2.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 19 - Development Services Committee comprised of 2 items be received and adopted, except Item No. 2.

(See following Item No. 2)

(1)        APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            APPROVAL AND IMPLEMENTING ZONING BY-LAW AMENDMENTS
            BY CORNELL ROUGE DEVELOPMENT CORPORATION
            NORTH OF HIGHWAY 7, WEST OF DONALD COUSENS PARKWAY
            CORNELL COMMUNITY
            (SU 08 131556 (19TM-08002) AND ZA 08 131562) (10.7, 10.5)

Report Attachment

1) That the report dated April 13, 2010 entitled “Recommendation Report. Applications for draft plan of subdivision approval and zoning by-law amendments by Cornell Rouge Development Corporation, north of Highway 7, west of Cornell Centre Boulevard, Cornell Community, File Nos: SU 08-131556 (19TM-08002) and ZA 08-131562” be received; and,

2) That the record of the Public Meeting held on May 5, 2009, regarding the applications for approval of Draft Plan of Subdivision and implementing Zoning By-law be received; and,

3) That draft plan of subdivision (19TM-08002) submitted by Cornell Rouge Development Corporation be draft approved subject to the conditions set out in Appendix ‘A’ to this report; and,

4) That the application submitted by Cornell Rouge Development Corporation to amend Zoning By-laws 304-87 and 177-96, as amended, be approved and the draft by-laws attached as Appendix ‘B’ be finalized and enacted without further notice; and,

5) That 86 units (278.6 population) of 2008 allocation (consisting of 41 single-detached units and 45 townhouse units) and 353 units (1,269.86 population) of conditional 2011/12 allocation (consisting of 310 single-detached units, 8 semi-detached units and 35 townhouse units), be granted to Cornell Rouge Development Corporation subject to written confirmation from the Trustee of the Cornell Landowners Group that servicing allocation is available from the total sewer and water allocation granted to the Cornell Community by the Town and the Region; and,

6) That the Cornell Rouge Development Corporation pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering; and,

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

8) That the Mayor and Clerk be authorized to enter into a No Presale Agreement with owners of 19TM-08002 (557.5 units) which agreement shall be registered on title, committing the owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the lands until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will be within twelve (12) months; and,

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

10) That the draft plan approval for plan of subdivision 19TM-08002 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and further,

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

CARRIED

(2)        INFORMATION REPORT
            PROPOSED SURFACE PARKING LOT
            EXPANSION TO THE MOUNT JOY GO STATION
            1801 BUR OAK AVENUE (SD 10 110660) (10.0)

Report Attachment

1) That the report entitled “Information Report. Proposed surface parking lot expansion to the Mount Joy GO Station, 1801 Bur Oak Avenue”, be received; and,

2) That this report be forwarded to Metrolinx along with a request to work together toward a long term vision for the Mount Joy GO Station and other Markham GO Stations; and,

3) That this report be forwarded to York Region for their information and the Region be requested to participate in discussions with Metrolinx; and,

4) That staff be authorized to prepare a conceptual plan that demonstrates alternative options for the Mount Joy GO station parking lot and bring it to a future Development Services Committee meeting; and further,

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

CARRIED

Council consented to delete the words "…GO stations…" and replace them with "…Mount Joy GO station parking lot…" in Resolution No. 4.

7. MOTIONS

(1) REFERENDUM QUESTION ON 2010 MUNICIPAL ELECTION (14.0)

That the Town of Markham consider placing a referendum question on the October 25, 2010 Municipal Election ballot regarding Markham's Growth Management Strategy; and,

That the question be determined at a Special Council meeting called by the Mayor by April 18, 2010.

MOTION DEFEATED BY A RECORDED VOTE (4:8)

(See following recorded vote)

(See following to consider the proposed motion)

The motion moved by Councillor D. Hamilton and seconded by Regional Councillor J. Virgilio regarding the Town of Markham consider placing a referendum question on the October 25, 2010 Municipal Election ballot on Markham's Growth Management Strategy was defeated by a recorded vote as follows:

YEAS: Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton. (4)

NAYS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (8)

ABSENT: Regional Councillor G. Landon. (1)

Motion to consider the proposed motion

Moved by Councillor D. Hamilton

Seconded by Deputy Mayor J. Heath

That Council introduce and discuss the matter regarding the Town of Markham consider placing a referendum question on the October 25, 2010 Municipal Election ballot on Markham's Growth Management Strategy.

CARRIED BY A RECORDED VOTE (8:4)

(See following recorded vote)

NAYS: Regional Councillor J. Jones, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (4)

ABSENT: Regional Councillor G. Landon. (1)

8. NOTICES OF MOTIONS

(1) YORK REGION RAPID TRANSIT CORPORATION (YRRTC) (5.10)

Moved by Regional Councillor J. Jones

Seconded by Councillor L. Kanapathi

Whereas the Region of York created York Region Rapid Transit Corporation (YRRTC) to design, build and operate a rapid transit system on Highway 7 and Yonge Street; and,

Whereas the YRRTC caused to be carried out an Environmental Assessment (EA) for the operation of a Bus Rapid Transit (BRT) and/or a Light Rail Transit (LRT), along with stations and terminal on the Richmond Hill Centre; and,

Whereas as a result of “MoveOntario 2020”, the YRRTC caused to be carried out an EA on the extension of the TTC Subway from Finch Avenue to Richmond Hill Centre, and the YRRTC determined that the terminus of the subway should be in the same location on the Richmond Hill Centre as determined in the BRT/LRT Environmental Assessment; and,

Whereas the Environmental Assessment now underway by the Minister of Transportation of Ontario (MTO) may join the BRT/YRT and TTC subway station in the northerly area of the Richmond Hill/Langstaff Gateway Growth Center; and,

Whereas a study is underway for a storage location for between 14 and 26 trains on the Richmond Hill Center; and,

Whereas the Town of Markham and the Town of Richmond Hill have carried out independent studies to create transit dependent development which far exceeds the targets in the “Provincial Growth Plan” which may not be achievable under the present configuration and location of stations;

Now therefore be it resolved:

1) That the Mayor of the Town of Markham work with the Mayor of the Town of Richmond Hill to engage world class transportation engineers and urban designers to provide a study and comment on the York Region Rapid Transit Corporation designs and develop solutions that assist in achieving the planned densities, connectivity, and increased ridership, and creates the most efficient, seamless and timely transit experience for riders, and ensures that the transit plan is not adding unnecessary cost to the taxpayers; and,

2) That the study look at methods to bring the subway stations to the front door of the Langstaff Gateway and the Richmond Hill Centre, including a maximum access to the Highway 7 and Yonge Street Bus Rapid Transit/Light Rail Transit and the Ministry of Transportation of Ontario 407 Transitway; and,

3) That the study examine the storage of subway cars and subway construction staging areas under the hydro lines which will free up more land for transit dependent development; and further,

4) That if the study finds better solutions for the Langstaff Gateway and the Richmond Hill Centre, the Town of Markham and the Town of Richmond Hill request Metrolinx to examine these solutions and modify the environmental assessments to implement any of these solutions identified and agreed to by the Town of Markham and the Town of Richmond Hill.

9. COMMUNICATIONS

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

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

Referred to all Members of Council

16-2010 Markham Village BIA - Forwarding a request to close the following roads on May 30, July 18 and August 15, 2010 (Sundays) between the hours of 8:00 a.m. and 6:00 p.m. to facilitate the Main Street Markham Pedestrian Days:

- Main Street Markham north from Highway 7 to south of Parkway Avenue

- Access east from Main Street Markham is closed to:

a) Centre Street

b) Robinson Street

- Access west from Main Street Markham is closed to:

a) Dublin Street

b) Robinson Street

c) Wilson Street

- Robinson Street west from Main Street Markham to Water Street. (3.5)

Referred to all Members of Council

17-2010 Ed Joaquin, Chairman, Markham Village Music Festival Committee - Forwarding a request to close various streets to facilitate the 2010 Markham Village Music Festival as follows:

Friday, June 18 2010 (4:00 p.m. to 11 p.m.)

Saturday, June 19, 2010 (7:00 a.m. to 7:00 p.m.)

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

- Access east from Main Street Markham is closed to:

Centre Street

Robinson Street

- Access west from Main Street Markham is closed to:

Thompson Court

Dublin Street

Robinson Street

Wilson Street

- Robinson Street west from Main Street Markham to Water Street. (3.5)

18-2010 Temporary Extension Application of Liquor Sales Licence, Old Country Inn Restaurant, 198 Main Street Unionville - Requesting an approval from the Town of Markham with respect to the Temporary Extension Application of Liquor Sales Licence. The proposed extension with a maximum capacity of 160 will be utilized in conjunction with the Unionville Village Community Festival from June 4 to 6, 2010. (3.21)

19-2010 Temporary Extension Application of Liquor Sales Licence, Jakes on Main Pub & Grille, 202 Main Street Unionville, Liquor Licence Application - Requesting an approval from the Town of Markham with respect to the Temporary Extension Application of Liquor Sales Licence. The proposed extension with a maximum capacity of 150 will be utilized in conjunction with the Unionville Village Community Festival from June 4 to 6, 2010. (3.21)

CARRIED

10. PROCLAMATIONS

Council consented to add Proclamation No. 2.

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That Proclamation Items (1) and (2) be received and adopted.

(1) PROCLAMATIONS (3.4)

1) That the following be proclaimed in the Town of Markham:

- Oral Health Month (April 2010)

- Hospice Palliative Care Week (May 2 to 8, 2010); and,

2) That the Communications and Community Relations Department be requested to publish the above proclamations in the local newspapers.

CARRIED

(2) PROCLAMATIONS (3.4)

1) That the following be proclaimed in the Town of Markham:

- Ontario Coaches Week (April 17 to 25, 2010)

- Organ and Tissue Donor Awareness Week (April 18 to 25, 2010); and,

2) That the Gift of Life flag be raised at the Anthony Roman Markham Civic Centre flagpole for the duration of the Organ and Tissue Donor Awareness Week; and further,

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

CARRIED

11. NEW/OTHER BUSINESSES

(1) EARTH HOUR - SATURDAY, MARCH 27, 2010, 8:30 P.M. (12.2.6)

Councillor E. Shapero advised Council of the Earth Hour held on Saturday, March 27, 2010 at 8:30 p.m. During this time, millions of homes and businesses around the world will turn their lights off for one hour to raise awareness about the adverse effects of climate change. She also commended Markham District High School for their participation towards Earth Hour.

12. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That By-law 2010-49 regarding Election Sign Regulations be deferred; and,

That By-laws 2010-50 to 2010-55 be given three readings and enacted.

Three Readings

BY-LAW 2010-49 A by-law to amend Sign By-law 2002-94 (Election Sign Regulations).

(Item No. 5, Report No. 16) DEFERRED

BY-LAW 2010-50 A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Fees for election sign permit and removal of election sign)

(Item No. 5, Report No. 16)

BY-LAW 2010-51 A by-law to levy the actual cost of construction of the sanitary sewer on Robinson Street Laneway.

(Item No. 7, Report No. 16)

BY-LAW 2010-52 A by-law to authorize the Mayor and Clerk to execute an amendment to the “Municipal Funding Agreement” between The Corporation of the Town of Markham and the Association of Municipalities of Ontario (AMO).

(Item No. 2, Report No. 17)

BY-LAW 2010-53 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (2106519 Ontario Ltd., Lots 1 to 14, Plan 65M-4002, south of Castlemore Avenue and west of Highway 48)

BY-LAW 2010-54 A by-law to amend By-law 304-87, as amended (1039954 Ontario Limited, southwest corner of Major Mackenzie Drive and Ralph Chalmers Avenue, Concession 7, Part of Lot 20, 65R-27245, Part 1, Wismer Commons Community - To delete subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit a residential subdivision consisting of single-detached and semi-detached units).

(Item No. 3, Report No. 14)

BY-LAW 2010-55 A by-law to amend By-law 177-96, as amended (1039954 Ontario Limited, southwest corner of Major Mackenzie Drive and Ralph Chalmers Avenue, Concession 7, Part of Lot 20, 65R-27245, Part 1, Wismer Commons Community - To permit a residential subdivision consisting of single-detached and semi-detached units).

(Item No. 3, Report No. 14)

CARRIED

13. IN-CAMERA ITEMS

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Council, in accordance with Section 239 (2) (b) of the Municipal Act, 2001, resolve into in-camera session to discuss a personal matter on appointments and resignations to advisory committees. (10:50 p.m.)

(See Item 2, Report No. 16 for Council's decision on this matter)

CARRIED

Moved by Regional Councillor J. Virgilio

Seconded by Councillor J. Webster

That Council rise from the in-camera session and re-convene regular session. (11:03 p.m.)

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

That By-law 2010-56 be given three readings and enacted.

Three Readings

BY-LAW 2010-56 A by-law to confirm the proceedings of the Council meeting of April 13, 2010.
(Council Meeting No. 6, 2010)