COUNCIL - May 31, 2011

Report Figure 1 Appendix A

1) THAT the report entitled “Transfer of Surplus Funds from the project Photovoltaic Solar Panel System at 8100 Warden” be received; and,

2) That Council approve the transfer of surplus funds from the project “Photovoltaic Solar Panel System at 8100 Warden” to fund the Markham Village Community electrical remediation work in the amount of $198,000; and,

3) That Council approve the transfer of surplus funds from the project “Photovoltaic Solar Panel System at 8100 Warden” to fund the LED Street Lighting Task Force consulting fees in the amount of $100,000; 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. 33 - DEVELOPMENT SERVICES COMMITTEE (May 10, 2011)

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Logan Kanapathi

That Report No. 33 – Development Services Committee comprised of 1 item be received and adopted.

(1)        ROUGE PARK NORTH CONSOLIDATED PLAN
            - REQUEST FOR FUNDING FROM THE
            ROUGE PARK ALLIANCE (10.0)

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Logan Kanapathi

1) That the deputation by Tupper Wheatley, representing the Milne Park Conservation Association, be received; and,

2) That the staff report entitled “Rouge Park North Consolidated Plan – Request for Funding from the Rouge Park Alliance” dated May 10, 2011, be received; and,

3) That Council support the preparation of Rouge Park North Consolidated Plan and the participation of Town staff throughout the planning process; and,

4) That Council be kept informed of the planning process at key milestones throughout the study process, including presentations to Development Services Committee prior to finalization of the Plan by the Rouge Park Alliance; and,

5) That, funds in the amount of $50,000 approved in the 2011 Capital Budget “Rouge Park Projects” Account No. 620101539911012 be made available to the Rouge Park and/or Toronto and Region Conservation Authority for the hiring of consultants for the preparation of the Rouge Park North Consolidated Plan, subject to adequate funding being secured from other Rouge Park partners to undertake the study; and,

6) That Council reaffirm that the Milne Dam Conservation Area is included in the Rouge Park North Management Plan; and, that Council will give consideration to recommending the inclusion of the Milne Dam Conservation Area as part of any future deliberations on the boundaries of a Rouge Valley National Park; and further,

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

CARRIED AS AMENDED

(Resolution No. 6 carried by a unanimous recorded vote) (12:0)

(See following motion to amend)

Moved by Councillor Carolina Moretti

Seconded by Councillor Alex Chiu

That Item No. 1, Report No. 33, regarding “Rouge Park North Consolidated Plan - Request for Funding from the Rouge Park Alliance”, be amended to add the following as Resolution No. 6:

“6) That Council reaffirm that the Milne Dam Conservation Area is included in the Rouge Park North Management Plan; and, that Council will give consideration to recommending the inclusion of the Milne Dam Conservation Area as part of any future deliberations on the boundaries of a Rouge Valley National Park;”

CARRIED BY A UNANIMOUS RECORDED VOTE (12:0)

(See following recorded vote)

YEAS: Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu. (12)

ABSENT: Councillor Valerie Burke. (1)

Moved by Councillor Carolina Moretti

Seconded by Councillor Don Hamilton

That Council consider the matter regarding “Rouge Park North Consolidated Plan - Request for Funding from the Rouge Park Alliance” immediately following the delegations with respect thereto.

CARRIED

6(c) REPORT NO. 34 - DEVELOPMENT SERVICES PUBLIC MEETING
(May 24, 2011)

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

That Report No. 34 – Development Services Public Meeting comprised of 3 items be received and adopted.

(1)        WOODEN SPIRE ESTATES INC.
            ZONING AMENDMENT TO PERMIT
            MEDICAL OFFICES TO OCCUPY A
            MAXIMUM OF 50% OF THE TOTAL
            GROSS FLOOR AREA OF THE EXISTING
            COMMERCIAL BUILDING AT 6899 14^TH AVENUE
            (THE SHOPPES OF BOXGROVE) (ZA 10 131180) (10.5)

1) That the report titled “PRELIMINARY REPORT, Wooden Spire Estates Inc., Zoning Amendment to permit medical offices up to a maximum of 50% of the total gross floor area of the existing commercial building at 6899 14^th Avenue, File No. ZA 10 131180,” dated May 10, 2011 be received; and,

2) That the Record of the Public Meeting held on May 24, 2011, with respect to the proposed amendment to the Town of Markham’s Zoning By-law 177-96, as amended, to permit medical offices up to a maximum of 50% of the total gross floor area of the existing commercial building at 6899 14^th Avenue, be received; and,

3) That the application by Wooden Spire Estates Inc to amend the Town’s By-law 177-96, as amended, be approved; and,

4) That the proposed amendment to the Town’s Zoning By-law 177-96, as amended, be enacted without further notice; and further,

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

CARRIED

(2)        WOODBINE MACKENZIE DEVELOPMENTS LIMITED
            APPLICATION FOR ZONING BY-LAW AMENDMENT TO
            REZONE THE SUBJECT LANDS FROM AGRICULTURAL TO
            RESIDENTIAL EAST CATHEDRAL COMMUNITY
            (ZA 11 109848) (10.5)

1) That the Development Services Commission report dated May 10, 2011, titled Preliminary Report - Woodbine MacKenzie Developments Limited - Application for Zoning By-law Amendments to rezone the subject lands from Agricultural to Residential - East Cathedral Community, ZA 11 109848, be received; and,

2) That the Record of the Public Meeting held on May 24, 2011, with respect to the application by Woodbine MacKenzie Developments Limited for Zoning By-law Amendments on lands within the East Cathedral Community, be received; and,

3) That the application by Woodbine MacKenzie Developments Limited for Zoning By-law Amendments to amend By-laws 304-87 and 177-96 as amended, to permit the rezoning of the subject lands from Agricultural to Residential, be approved; and further,

4) That the proposed amendments to Zoning By-laws 304-87 and 177-96 as amended, to rezone the subject lands from Agricultural to Residential, be enacted without further notice.

(By-laws 2011-119 and 2011-120)

CARRIED

(3)        APPLICATIONS BY CROWN OF MARKHAM INC.
            FOR ZONING BY-LAW AMENDMENT AND
            RED-LINE REVISIONS TO DRAFT PLAN OF SUBDIVISION
            19TM-09002 TO PERMIT MEDIUM DENSITY LIVE-WORK UNITS
            ON PART OF LOT 23, CONCESSION 3 IN THE
            WEST CATHEDRAL COMMUNITY
            (ZA 11 111796 AND SU 09 120124) (10.5, 10.7)

Notice Presentation Communications CIP Doc By-law 2011-123 By-law 2011-124

1) That the Development Services Commission report dated May 10, 2011, titled PRELIMINARY REPORT Applications by Crown of Markham Inc. for Zoning By-law Amendment and Red-line revisions to Draft Plan of Subdivision 19TM-09002 to permit medium density live-work units on Part of Lot 23, Concession 3 in the West Cathedral Community - Files ZA 11 111796 and SU 09 120124, be received; and,

2) That the Record of the Public Meeting held on May 24, 2011, with respect to the applications by Crown of Markham Inc. for Zoning By-law Amendments and Red-line revisions to Draft Plan of Subdivision 19TM-09002 on lands within the West Cathedral Community, be received; and,

3) That the applications by Crown of Markham Inc. for Zoning By-law Amendments to amend By-laws 304-87 and 177-96 as amended and to permit the rezoning of the subject lands from Agricultural to Community Amenity Area and Medium Density Residential and for Red-line revisions to Draft Plan of Subdivision 19TM-09002 and, be approved; and further,

4) That the proposed amendments to Zoning By-laws 304-87 and 177-96 as amended, to rezone the subject lands from Agricultural to Community Amenity Area and Medium Density Residential, be enacted without further notice.

CARRIED

6(d) REPORT NO. 35 - PUBLIC MEETING (May 31, 2011 at 7:00 p.m.)

Moved by Councillor Don Hamilton

Seconded by Regional Councillor Gord Landon

That Report No. 35 – Public Meeting dated May 31, 2011 comprised of 1 item be received and adopted.

(1) MARKHAM CENTRE COMMUNITY IMPROVEMENT PLAN (CIP)
(TOOLS TO PROMOTE ECONOMIC DEVELOPMENT) (10.16)

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

1) That the staff presentation on May 31, 2011, titled “Markham Centre - Tools to Promote Economic Development”, be received; and

2) That Staff be authorized and directed to undertake the process, including the preparation of a business case and consultation with stakeholders, to incorporate a Municipal Services Corporation pursuant to section 203 of the Municipal Act, for further designation as an Economic Development Corporation; and,

3) That the by-law to establish the Markham Centre Community Improvement Plan Area, including certain lands on the north side of Highway 7 within the Unionville Heritage Conservation District, be adopted; and,

4) That Council adopt the Markham Centre Community Improvement Plan; and,

5) That the by-law to amend the Public Uses provisions within Markham Centre By-law 2004-196 to permit general compliance with the setback standards for the zone in which a public use, building or structure is located, be adopted; and,

6) That staff be authorized directed to do all things necessary, including the execution of any necessary documents by the Chief Administrative Officer, or others delegated by him, to give effect to these recommendations.

(By-laws 2011-123 and 2011-124)

CARRIED

6(e) REPORT NO. 36 - GENERAL COMMITTEE (May 30, 2011)

Moved by Councillor Carolina Moretti

Seconded by Councillor Alan Ho

That Report No. 36 – General Committee comprised of 8 items be received and adopted.

(1) MINUTES OF THE MARCH 30, 2011
CANADA DAY COMMITTEE (16.0)

1) That the following recommendations from the March 30, 2011 minutes be endorsed:

“That the Markham Canada Day Committee recommend to Town of Markham Mayor Scarpitti that a letter be sent on his behalf to the family of Jeanne Bowman to let them know how invaluable her efforts were to the success of the Canada Day children’s events, how much she meant to the Committee and how much Committee members will miss her; and;

That the tent used for children’s activities at Milne Park be renamed the Jeanne Bowman Children’s Tent as a testimonial to the enthusiasm she brought to ensuring Markham children participated in and enjoyed Canada Day events.”

CARRIED

(2) MINUTES OF THE MAY 5, 2011
ENVIRONMENTAL ISSUES COMMITTEE (16.0)

Minutes

1) That the Minutes of the May 5, 2011 Environmental Issues Committee be received for information purposes; and,

2) That the following recommendations from the May 5, 2011 minutes be endorsed:

a) “That Funding up to a maximum of $10,000.00 be awarded to the Markham Fair for a Growing Green display and program subject to:

i) Development of a robust mobile tradeshow display and exhibit in consultation with the Markham Sustainability Office and the Communications and Community Relations staff;

ii) Release of funding subject to approval of a revised detailed budget to the satisfaction of the Director of Communications and Community Relations;

iii) Markham Fair executing an agreement with the Town of Markham, to the satisfaction of the Town Solicitor, confirming the mobile tradeshow display and related components, will be available for use by the Town;

iv) The Commissioner of Community and Fire Services being authorized to execute the agreement on behalf of the Town, with the Markham Fair; and,

b) That the funds come from the account #87 2800168 Markham Environmental Sustainability Fund (MESF); and,

c) That the funding application from Graham Seaman, Manager, Climate Change and Energy, requesting $25,000, for a Community Energy and Water Social Benchmarking Pilot, be approved, conditional on the project receiving Ontario Power Authority funding and development of a detailed marketing plan in conjunction with the Director of Communications and Community Relations; and further,

d) That the funds come from the account #87 2800168 Markham Environmental Sustainability Fund (MESF).

CARRIED

(3) DEVELOPMENT CHARGES INDEXING
- JULY 1, 2011 (7.11)

1) That the report titled “Development Charges Indexing – July 1, 2011” be received; and,

2) That Council approve an increase in development charges of 2.20%, effective July 1, 2011; and further;

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

CARRIED

(4) DRAFT 2010 CONSOLIDATED
FINANCIAL STATEMENTS (7.2)

1) That the report “Draft 2010 Consolidated Financial Statements” be received; and,

2) That Council approve Markham’s Draft Consolidated Financial Statements including Markham Enterprises Corporation (MEC) for the fiscal year ended December 31, 2010; and,

3) That Council authorize Staff to issue the Financial Statements (including MEC) for the year ended December 31, 2010 upon receiving the auditors’ final report; and further,

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

CARRIED

(5) MEMORANDUM OF UNDERSTANDING
WITH THE TORONTO POLICE SERVICE
REGARDING DISCLOSURE OF INFORMATION
FOR EMPLOYMENT AND VOLUNTEER PURPOSES (11.0)

1) That the report entitled Memorandum of Understanding with the Toronto Police Service regarding Disclosure of Information for Employment and Volunteer Purposes be received; and,

2) That the Mayor and Town Clerk be authorized to sign the Memorandum of Understanding with the Toronto Police Service to allow for disclosure of information relating to Vulnerable Sector Screening Program- Police Reference Check; and further,

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

CARRIED

(6) SPONSORSHIP OPPORTUNITIES (7.0)

Report Figure 1 Figure 2 Figure 3 Figure 4

1) That the report "Sponsorship Opportunities" be received; and,

2) That Council approve the sponsorship opportunity with Bank of Nova Scotia (Scotiabank) for the East Arena Pad at the Angus Glen Community Centre for a three-year period with total remuneration of $121,548; and,

3) That Council approve the sponsorship opportunity with Mercedes-Benz for interior signage at Angus Glen Community Centre and on two tennis nets at the tennis facility for a one-year period with total remuneration of $10,000; and,

4) That Council authorize the Commissioner of Corporate Services to enter into interior naming rights and sponsorship contracts with Scotiabank, Mercedes-Benz and Royal Bank of Canada (RBC) in a form satisfactory to the Town Solicitor; and,

5) That Council delegate authority to the Commissioner of Corporate Services to approve future interior naming rights and sponsorship opportunities up to $100,000 per sponsorship agreement; and further,

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

CARRIED

(7) FORMER SABISTON LANDFILL SITE-
INFORMATION & STATUS UPDATE (5.7)

1) That the report entitled “Former Sabiston Landfill Site – Information & Status Update” be received; and,

2) That the CAO be authorized to enter into necessary agreements with the National Spiritual Assembly of Baha’i of Canada and the Bayview Golf and Country Club for the purpose of carrying out investigation work on their properties, to the satisfaction of the CAO, and further,

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

CARRIED

(8) 014-S-10 PURCHASE, SUPPLY AND
DELIVER OFFICE FURNITURE (7.12.1)

Report Appendix A Appendix B

1) That the report entitled “014-S-10 Purchase, Supply and Deliver Office Furniture” be received; and,

2) That Council reaffirm Steelcase Inc. as the preferred supplier of office furniture for all Town facilities for a one (1) year term, with an option to renew for one (1) additional year; and,

3) That Prestige Office Interiors be approved as the distributor of office furniture for a one (1) year term, with an option to renew for one (1) additional year; and,

4) That the Mayor and the Clerk be authorized to execute an agreement with Prestige Office Interiors to purchase Steelcase Inc. system furniture in a form satisfactory to the Town Solicitor; and,

5) That the Request for Proposal process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7.1 (h), Non-Competitive Procurement, where it necessary or in the best interests of the Town to acquire non-standard items or Consulting and Professional Services from a preferred supplier or from a supplier who has a proven track record with the Town in terms of pricing, quality and service; and,

6) That Asset Management undertake an evaluation of the office furniture services and report back on results and recommendation for an RFP program; and further,

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

CARRIED

6(f) REPORT NO. 37 - DEVELOPMENT SERVICES COMMITTEE (May 31, 2011)

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

That Report No. 37 – Development Services Committee comprised of 9 items be received and adopted.

(1) COMMERCIAL FAÇADE IMPROVEMENT
GRANT PROGRAM FOR HERITAGE DISTRICTS 2011 (16.11)

Report Appendix A

1) That the report entitled “Commercial Façade Improvement Grant Program for Heritage Districts 2011” be received; and,

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

3) That 147A Main St. Unionville receive up to $15,000.00 of grant assistance (subject to the lowest quote), provided the applicant revises their application to reflect an accurate restoration of the façade(s) of this building to its original late 19^th century appearance based on local surviving historical examples, and physical evidence obtained on site, to the satisfaction of the Manager of Heritage Planning, and provided the applicant obtains the necessary approval, and enters into a Grant Agreement and Façade Easement with the Town; and,

4) That 4400 Highway 7 E. Unionville receive $10,000.00 of grant assistance to help pay for the work already completed to improve the appearance of the property, provided that the applicant enters into a Grant Agreement and Façade Easement with the Town; and,

5) That 8 Main St. N. receive $5,252.12 of grant assistance, provided the applicant fabricates 3 pairs of historically accurate louvred shutters, and paints the historic windows, to the satisfaction of the Manager of Heritage Planning, and provided the applicant obtains the required approval, enters into a Grant Agreement with the Town, and the existing Façade Easement agreement is updated to include the replicated shutters; and,

6) That 190 Main St. N. receive up to $15,000.00 of grant assistance, (subject to the lowest quote) to accurately replicate the historic woodwork of the front veranda, provided that the applicant also replaces existing inappropriate windows and the front door on the heritage portion of the building with an appropriate heritage door and windows to the satisfaction of the Manager of Heritage Planning, obtains the required approval, enters into a Grant Agreement with the Town, and the existing Heritage Conservation Easement agreement is updated to reflect the replicated windows and door; and,

7) That Council authorizes the Mayor and Clerk to enter into Façade Easement Agreements with the owners of 147A Main Street Unionville and 4400 Highway 7 E. Unionville, and to update the existing Façade and Heritage Conservation Easement agreements for 8 Main St. N. and 190 Main St. N to reflect the proposed improvements, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor; and,

8) That Council agrees to waive the eligibility criteria pertaining to the timing of the work already done on 4400 Hwy. 7 E. as well as the provision of two competing quotations; and,

9) That the grants be funded through the Heritage Façade Improvement/ Sign Replacement Project Account 620 101 5699 9059 in the amount of $33,000.00 and Account 620 101 5699 10013 in the amount of $12,252.12; and further,

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

CARRIED

(2)        INTENTION TO DESIGNATE A PROPERTY UNDER
            PART IV OF THE ONTARIO HERITAGE ACT
            JOSEPH MARR HOUSE
            3 HERITAGE CORNERS LANE (16.11.3.)

1) That as recommended by Heritage Markham, the Joseph Marr House – 3 Heritage Corners Lane be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,

2) That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,

3) That if there are no objections to the designation, in accordance with the provisions of the Ontario Heritage Act the Clerk be authorized to place a designation by-law before Council for adoption; and,

4) That if there are any objections in accordance with the provisions of the Ontario Heritage Act the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further,

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

CARRIED

(3) MARKHAM CENTRE ADVISORY
MEMBERSHIP UP-DATE (10.0)

Report Appendix A & B

1) That the report dated May 31, 2011, titled “Markham Centre Advisory Membership Up-date,” be received; and,

2) That Council endorse the current composition and membership of the Markham Centre Advisory as set out in Appendix B of this report; and,

3) That Council authorize the addition of two new Advisory members representing Markham Centre residents; and further,

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

CARRIED

(4)        DIGRAM DEVELOPMENTS INC.
            6475 MAJOR MACKENZIE DR
            GREENSBOURGH COMMUNITY(SU-09-122312) (10.0)

1) That 2011/2012 servicing allocation for 11 townhouse units and 32 semi-detached units, in addition to the previously approved servicing allocation for 36 townhouse units, for a total of 47 townhouse units (population 132.54) and 32 semi-detached units (population 96.64) be granted to Digram Developments Inc., Phase 1, 19TM-09004.

CARRIED

(5) CORNELL SECONDARY PLAN
– REESOR ROAD DEFERRAL AREA NO. 1 (10.0)

Report Appendix A Appendix B

1) That the staff report entitled ‘Cornell Secondary Plan – Reesor Road Deferral Area No. 1’ , dated May 31, 2011, be received; and,

2) That the Region of York be requested to modify and approve the updated Cornell Secondary Plan – Official Plan Amendment No. 168 as outlined in this report, to remove the deferral on the lands east and west of Reesor Road north of Highway 407 and incorporate site specific policies; and,

3) That the Rouge Park, Toronto Conservation Authority and Ontario Realty Corporation be forwarded a copy of the staff report and Council resolution for information; and further,

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

CARRIED

(6)        008-R-11 DETAILED DESIGN FOR THE
            RECONSTRUCTION OF MAIN STREET MARKHAM
            FROM HIGHWAY 7 TO 16^TH AVENUE (7.12.2)

1) That the report entitled “Detailed Design for Main Street Markham from Highway 7 to 16^th Avenue”, be received; and,

2) That the Detailed Design work as specified in the contract “008-R-11 Detailed Design and Contract Administration for the reconstruction of Main Street Markham” (between Highway 7 and 16^th Avenue) be awarded to the highest ranked and lowest priced bidder Morrison Hershfield Limited, in the amount of $280,317.25, inclusive of HST; and,

3) That funding for the project be provided from the following sources:

· Part 1 for the detailed design of Main Street Markham, from Hwy 7 to Church Street Parkette, in the amount of $86,122.54 (inclusive of HST) to be funded from Capital Account 083-5350-10055-005 which currently has $150,000 available funding;

· Parts 3 and 4 for the detailed design of Main Street Markham, from Church Street Parkette to 16^th Avenue, in the amount of $194,194.71 (inclusive of HST) to be funded from Capital Account 083-5350-11079-005 which currently has $939,400.00 available funding (Gas Tax); and,

4) That upon completion of the detailed design to the satisfaction of Engineering Department, staff be authorized to award Morrison Hershfield Limited the Contract Administration and Inspection works (Parts 2 and 5 of bid form) for the Main Street Markham, from Hwy 7 to 16^th Avenue in the amount of $147,686.32, inclusive of HST, which will be funded from Capital Accounts 083-5350-10055-005 and 083-5350-11079-005; and,

5) That the Engineering Department Project Management Fee in the amount of $37,835.00 be funded from Capital Accounts 083-5350-10055-005 and 083-5350-11079-005; and,

6) That a contingency amount of $130,000.00 inclusive of HST be established to cover any unforeseen design, contract administration and legal costs, which will be funded from Capital Accounts 083-5350-10055-005 and 083-5350-11079-005; and,

7) That staff be authorized to use the approved 2011 construction funding for Main Street Markham, from Hwy 7 to Church Street Parkette (083-5350-11079-005), to assist in funding the detailed design of Main Street Markham, from Church Street Parkette to 16^th Avenue, which currently has a remaining amount of $294,604.26, inclusive of HST; and,

8) That the construction cost for Main Street Markham, from Church Street Parkette to Bullock Drive in the amount of $899,211.17, inclusive of HST, be included in the 2012 Capital budget process; and further,

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

CARRIED

(7)        AWARD OF TENDER # 064-T-11
            KARACHI DRIVE ROAD EXTENSION
            FROM NEW DELHI DRIVE TO KIRKHAM DRIVE (7.12.2)

Report Attachment A

1) That the report entitled “Award of Tender # 064-T-11, Karachi Drive Road Extension from New Delhi Drive to Kirkham Drive” be received; and,

2) That the contract for Tender # 064-T-11, Karachi Drive Road Extension from New Delhi Drive to Kirkham Drive be awarded to the lowest priced, qualified bidder Wyndale Paving Co. Ltd. in the amount of $ 989,267.27, inclusive of HST; and,

3) That a separate purchase order in the amount of $ 98,926.72 inclusive of HST, be issued for contingency to cover any additional construction fees and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,

4) That a separate purchase order in the amount of $ 76,497.58 inclusive of HST be issued to Power Stream Inc. for Hydro service connections and be funded from Capital Budget account # 083-5350-9351-005 - Road SE CC Karachi Drive; and,

5) That the Engineering Department Project Management Fee in the amount of $87,351.86 be funded from Capital Budget account # 083-5350-9351-005 - Road SE CC Karachi Drive; and,

6) That the award of tender # 064-T-11, Karachi Drive Road Extension from New Delhi Drive to Kirkham Drive be funded from Capital Budget account # 083-5350-9351-005-Road SE CC Karachi Drive, in the amount of $ 1,052,791.24; and,

7) That the shortfall in the amount of $ 199,252.20 inclusive of HST, be funded from Capital Account #083-5350-9325-005-Main St. Unionville which currently has a remaining amount of $ 218,155.92 and is funded from the same funding source (i.e. Infrastructure Grant / Roads & Bridges Grant); and further,

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

CARRIED

(8) INFLOW & INFILTRATION
REDUCTION STRATEGY (5.5)

Report Attachment A Attachment B Attachment C

1) That the report entitled “Inflow & Infiltration Reduction Strategy” dated May 31, 2011 be received; and,

2) That Council endorse the recommendations of the York Region report titled “Inflow and Infiltration Reduction Strategy” as endorsed by Regional Council on February 17, 2011 and as summarized herein; and,

3) That through development and endorsement of the Strategy, York Region and the local municipalities commit to:

· Develop and maintain this Strategy including the programs, goals and inter-agency and regulatory reporting requirements for staged reduction of inflow and infiltration over the next 20 years;

· Recommend to future Councils that they commit funds for inflow and infiltration reduction that is economically justified by the avoidance of future treatment and conveyance costs;

· Measure wastewater flows before and after carrying out construction/ rehabilitation works on sewers and to document inflow and infiltration expenditures and flow reduction measures;

· Continue to work together in a collaborative manner over the life of the Strategy and to commit the appropriate staffing and financial resources toward implementation of the Strategy based on a business case analysis;

4) That Town staff report back as to the implementation issues including but not limited to the funding strategy and I/I reduction on private property; and,

5) That the Region of York be advised accordingly; and further,

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

CARRIED

(9)        THE AWARD OF TENDER # 042-T-11
            CONSTRUCTION OF RODICK ROAD PHASE 3
            FROM RIVIERA DRIVE TO ALDEN ROAD/ESNA PARK DRIVE (7.12.2)

1) That staff report entitled “The Award of Tender #042-T-11, Construction of Rodick Road Phase 3, from Riviera Drive to Alden Road / Esna Park Drive” be received; and,

2) That the Tender # 042-T-11, Construction of Rodick Road Phase 3, from Riviera Drive to Alden Road / Esna Park Drive, be awarded to Dagmar Construction Inc., the lowest bidder, in the amount of $11,160,692.16, inclusive of HST; and,

3) That a contingency amount of $558,034.61, inclusive of HST (5.0% of construction cost) be established to cover any additional construction costs, and that the CAO be authorized to approve the expenditure of this contingency amount up to the specified limit; and,

4) That the Engineering Department Project Management Fee in the amount of $551,075.43 be funded from Capital Budget account # 083-5350-11064-005 - “Rodick Road Phase 3, from Riviera Drive to Alden Road / Esna Park Drive”; and,

5) That staff be authorized to increase the Request for Proposal #181-R-07 as approved by Council on March 4, 2008 from $233,060 (exclusive of taxes) to 398,162.01, inclusive of HST, for AECOM Limited to provide contract administration services, construction inspection, environmental inspections, and material testing as described in this report; and,

6) That a contingency amount of $38,115.99, inclusive of HST, be established to cover any additional contract administration services, construction inspection, environmental inspections, and material testing, and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit; and,

7) That the existing Purchase Order No. D9 36 with Canadian National Railway to provide inspection, engineering review, and flagging operations, be increased from $155,387.52, inclusive of HST, to $238,220.16, inclusive of HST, (an increase of $82,832.64, inclusive of HST) and that the Director of Engineering be authorized to approve the expenditure of this increase in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (b); and,

8) That the existing Purchase Order No. D9 48 with Canadian National Railway to provide inspection, engineering review, and flagging operations, be increased from $15,538.75, inclusive of HST, to $23,822.02, inclusive of HST, (an increase of $8,283.26, inclusive of HST) to cover any additional work to be carried out by Canadian National Railway, and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit; and,

9) That funding for the project “Rodick Road Phase 3, from Riviera Drive to Alden Road / Esna Park Drive” be provided from the approved Capital Budget account # 083-5350-11064-005; and,

10) That additional compensation for property acquisitions and related legal expenses, and legal expenses arising out of contractor matters be funded from Capital Budget “Rodick Road Extension - Phase 3” accounts 083-5350-11064-005 and 083-5350-9300-005; and,

11) That the remaining balance in Capital Budget “Rodick Road Extension - Phase 3” accounts 083-5350-11064-005 and 083-5350-9300-005, be returned to the original funding source upon completion of this project including property acquisitions and related legal expenses; and further,

12) That staff be authorized and directed to do all things necessary to give effect to the above resolutions

CARRIED

7. MOTIONS

There were no motions considered by Council.

8. NOTICES OF MOTIONS

There were no notices of motions considered by Council.

9. COMMUNICATIONS

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

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

Referred to all Members of Council

40-2011 Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Sushi Sushi Japanese Restaurant, 9830 Highway 48, Building “R”, Unit #3 (Ward 4) (New restaurant and new liquor licence application) (3.21)

CARRIED

41-2011 Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for A La Kitchen, 11 Fairburn Drive, Units 18-19 (Ward 6) (Change of ownership and the restaurant was previously licenced) (3.21)

CARRIED

42-2011 Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Merlyn’s – 2267644 Ontario Inc., 5284 Highway 7 East, Unit 3 (Ward 4) (Change of ownership and the restaurant was previously licenced) (3.21)

CARRIED

43-2011 Markham Village BIA - Requesting an approval from the Town of Markham for the purposes of the Temporary Extension Application of Liquor Sales Licence to be utilized in conjunction with the various events being held during 2011 summer. The applications are as follows:

Events, dates and hours

a) The Markham Village Music Festival

(June 17, 2011 from 4:00 p.m. to 11:00 p.m. and

June 18, 2011 from 11:00 a.m. to 7:00 p.m.)

b) Dancing in the Streets

(July 31, 2011 from 11:00 a.m. to 6:00 p.m.)

c) Main Street Markham Auto Classic

(September 11, 2011 from 11:00 a.m. to 6:00 p.m.)

Establishments applying for the extension of liquor licence

(The extensions of the liquor licence are for the outdoor areas created by using the sidewalks located directly in front of the following establishments while the street is closed to vehicular traffic)

- Stanley’s Fish and Chips, 48 Main Street North Markham

- Liberty Burgers & Wings, 144 Main Street North Markham, Unit 17

- The Duchess of Markham, 53 Main Street North Markham

- Main’s Mansion Restaurant and Bar, 144 Main Street North Markham

- Al Dente Restaurant, 39 Main Street North Markham

- Folco’s Restaurant, 42 Main Street North Markham

- 58 Main Restaurant, 58 Main Street North Markham

- The Bombay Grill, 60 Main Street North Markham

(The application for Stanley’s Fish and Chips and The Bombay Grill for all events is from 11:00 a.m. to 11:00 p.m., as the additional extended hours will be specifically for the patio area located within the establishments). (3.21)

CARRIED

44-2011 International India Film Academy (IIFA) – Forwarding a request to close Middlefield Road south of Highglen Avenue to north of Golden Avenue on June 11, 2011 from 10:00 a.m. to 9:00 p.m. to facilitate a IIFA neighbourhood event. (3.5)

CARRIED

45-2011 Lavinia Sharp, General Manager, Unionville BIA – Forwarding a request to close the following roads to facilitate the Unionville Village Festival on June 5, 2011 from 9:00 a.m. to 6:00 p.m.:

- Main Street Unionville from south of Carlton Road to north of Station Lane.

- Fred Varley Drive @ Main Street Unionville.

- Main Street Bypass/Backlane @ Main Street Unionville.

- Victoria Ave@ Main Street Unionville. (3.5)

(Note: This road closure request is in addition to the closure previously approved by Council on March 1, 2011 – See extract attached)

CARRIED

10. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)

Presentation Report Appendix A Appendix B

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Gord Landon

1) That the following proclamations issued by the Town Clerk in accordance with the Town of Markham Proclamation Policy be received for information purposes:

- Spina Bifida and Hydrocephalus Awareness Month (June 2011).

- National Access Awareness Week (May 29 to June 4, 2011).

- English as a Second Language Week (October 23 to 29, 2011); and,

2) That the following new proclamations be approved and added to the Five-Year Proclamations List approved by Council previously:

- Jazz Celebration Week (August 15 to 21, 2011)

- Pancreatic Cancer Month (November 2011).

CARRIED

11. NEW/OTHER BUSINESSES

(1) PAN AM GAMES (6.0)

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

1) That the staff report dated May 28, 2011 entitled “Toronto 2015 Pan/Para Pan Am Games – Markham Venue”, be received; and

2) That the staff presentation at the Development Services Committee on May 31, 2011 be received; and,

3) That the Confidential Staff Memorandum presented at the May 31, 2011 Council meeting outlining options (including scope and funding sources), be received; and,

4) That Council confirm that the site for the Pan Am pool facility is 16 Main Street, Unionville; and,

5) That Council reaffirm Markham’s commitment to partner with Pan Am Toronto 2015 for the construction of a jointly funded pool facility; and,

6) That the Mayor and staff be authorized to negotiate with Pan Am Toronto 2015 on the construction of two 50 metre pools and a dive tank; and, if agreement is not reached, the Town proceed with the construction of one 50 metre pool and a badminton facility; and,

7) That Council affirms that the construction of one 50 metre pool and a badminton facility is an alternative to the construction of two 50 metre pools and a dive tank; and, if Council proceeds with the construction of one 50 metre pool and a badminton facility, that Council approves the Schematic Design as presented; and,

8) That the Town proceed to the detailed design stage based on the outcome of the Town’s negotiations with Pan Am Toronto 2015; and,

9) That a Pan Am Pool Design Committee be established consisting of the members of the Markham International Sports Training Academy (MISTA) Advisory Committee to provide input to the design process for the construction of the pool facility; and,

10) That a letter be forwarded to Pan Am Toronto 2015 immediately following the Council decision on May 31, 2011 advising them of the decision; and further,

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

CARRIED

(Resolution No. 6 carried by a recorded vote) (6:5)

(See following recorded vote)

YEAS: Mayor Frank Scarpitti, Regional Councillor Jim Jones, Regional Councillor Joe Li, Councillor Carolina Moretti, Councillor Alan Ho, Councillor Alex Chiu. (6)

NAYS: Deputy Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Howard Shore, Councillor Don Hamilton, Councillor Logan Kanapathi. (5)

ABSENT: Councillor Valerie Burke, Councillor Colin Campbell. (2)

See In-camera Item No. 1 with respect to Council resolving into in-camera session to discuss a potential litigation matter related to the Pan Am Games.

Council consented to not consider the following proposed motion:

“1) That the staff report dated May 28, 2011 entitled “Toronto 2015 Pan/Para Pan Am Games – Markham Venue”, be received; and

2) That the staff presentation at the Development Services Committee on May 31, 2011 be received; and,

3) That the confidential staff memorandum presented at the May 31, 2011 Council meeting outlining the options that include scope and funding sources, be received; and,

4) That the Schematic Design as presented by B + H Architects (Attachment A) be approved in order to proceed to Design Development stage based on the condition that Town contributions remain as approved in January 2011 and that a further request be made to Toronto 2015 to make a contribution to the Badminton/Field House: and,

5) That a Pan Am Markham Pool & Field House Design Committee be established chaired by the Chair of the Land, Buildings and Parks Committee with four additional Council members including the Local Councillor; and,

6) That a letter be forwarded to Toronto 2012 immediately following the Council decision on May 31, 2011 advising them of the decision; and further,

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

12. BY-LAWS

Council consented to enact By-laws 2011-101 to 2011-124 immediately following the Proclamation Section of the meeting.

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Gord Landon

That By-laws 2011-101 to 2011-124 be given three readings and enacted.

Three Readings

BY-LAW 2011-101 A by-law to provide for the levy and collection of sums required by the Unionville Business Improvement Area and the Markham Business Improvement Area for the year 2011.

(Item No. 2, Report No. 32)

CARRIED

BY-LAW 2011-102 A by-law to amend By-law 2237, as amended (1691126 Ontario Inc. [Liberty Development Corporation], 7161 and 7171 Yonge Street - Removal of (H) Hold provision to permit the development of a high density, mixed use residential and retail, office and hotel development).

CARRIED

BY-LAW 2011-103 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Ninth Line Developments Limited, Blocks 9 and 10, Plan 65M-4218, north of Alfred Paterson and west of Delray Drive).

CARRIED

BY-LAW 2011-104 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Ninth Line Developments Limited, Block 18, Plan 65M-4217, north of Stoney Creek Drive and west of Swan Park Road).

CARRIED

BY-LAW 2011-105 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Amber Plain Investments Ltd., Block 123, Plan 65M-4193, northeast corner of McCowan Road and Bur Oak Avenue).

CARRIED

BY-LAW 2011-106 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Ninth Line Developments Limited, Block 22, Plan 65M-4215, north of Sedore Street and east of Darren Hill Trail).

CARRIED

BY-LAW 2011-107 A by-law to change a certain street name in the Town of Markham (Plan 65M-4240 – James Parrot Avenue to James Parrott Avenue).

(By-law 2011-95 passed by Council on May 3, 2011 related to the same street re-naming is for Plan 65M-4222).

CARRIED

BY-LAW 2011-108 A by-law to amend By-law 177-96, as amended (Monarch Walmark Development Limited, 19TM-06007, Part of Lot 23, Concession 4, east of Woodbine Avenue and south of the Hamlet of Victoria Square - Removal of (H) Hold provision to permit the development of 24 single detached units).

CARRIED

BY-LAW 2011-109 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 212, Plan 65M-3376 – Cynthia Jean Street).

CARRIED

BY-LAW 2011-110 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 179, Plan 65M-3610 - Castlemore Avenue; Block 16, Plan 65M-4247 - Prebble Drive; Block 17, Plan 65M-4229 - Prebble Drive; Block 35, Plan 65M-4006 - Hawksbury Road)

CARRIED

BY-LAW 2011-111 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (World Tech Construction, Lot 26, Plan 65M-3775, 376 and 378 Caboto Trail, north of Caboto Trail and east of Romer Gate).

CARRIED

BY-LAW 2011-112 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Majorwood Developments, Blocks 54-57, Plan 65M-4197, Cathedral Community, north of Major Mackenzie and east of Highway 404).

CARRIED

BY-LAW 2011-113 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Monarch Developments, Blocks 108, 110 and 111, Plan 65M-4235, north of Elgin Mills Road and east of Highway 404).

CARRIED

BY-LAW 2011-114 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Monarch Developments, Blocks 76 to 91, and 97 and 98, Plan 65M-4252, north of Major Mackenzie Drive and east of Highway 404)

CARRIED

BY-LAW 2011-115 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Cornell Rouge Development Corp., Blocks 73 to 81, Plan 65M-4256, Lots 46 and 47, Plan 65M-4257, Blocks 70 to 73, Plan 65M-4257, west of Donald Cousens Parkway and south of Riverlands Avenue).)

CARRIED

BY-LAW 2011-116 A by-law to amend By-law 28-82, as amended (DST Output Canada Inc., 2601 and 2637 14^th Avenue, south of 14^th Avenue between Highway 404 and Woodbine Avenue – Removal of (H) Hold provision to permit an addition to the existing industrial building).

CARRIED

BY-LAW 2011-117 A by-law to amend By-law 177-96, as amended (Monarch Walmark Developments Limited, 19TM-06007, Part of Lot 23, Concession 4, south of Rinas Avenue and east of Woodbine Avenue within the East Cathedral Community – Removal of (H) Hold provision to allow three model homes on the subject lands).

CARRIED

BY-LAW 2011-118 A by-law to amend By-law 177-96, as amended (Wykland Estates, north of Riverlands Avenue and west of Cornell Centre Boulevard, Cornell Community, 19TM-10002 – Removal of (H) Hold provision to allow eighth models homes on the subject lands).

CARRIED

BY-LAW 2011-119 A by-law to amend By-law 304-87, as amended (Woodbine Mackenzie Developments, Part of Lot 23, Concession 4, east of Woodbine Avenue and south of Elgin Mills Road – To remove the lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the development of 24 single detached residential units).

CARRIED

BY-LAW 2011-120 A by-law to amend By-law 177-96, as amended (Woodbine Mackenzie Developments, Part of Lot 23, Concession 4, east of Woodbine Avenue and south of Elgin Mills Road – To permit the development of 24 single detached residential units).

CARRIED

BY-LAW 2011-121 A by-law to amend By-law 304-87, as amended (Digram Developments Inc., 19TM-09004, east of Highway 48 and south of Major Mackenzie Drive – To delete the subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the development of residential units).

(Item No. 12, Report No. 47, 2010)

CARRIED

BY-LAW 2011-122 A by-law to amend By-law 177-96, as amended (Digram Developments Inc., 19TM-09004, east of Highway 48 and south of Major Mackenzie Drive – To permit the development of residential units).

(Item No. 12, Report No. 47, 2010)

CARRIED

BY-LAW 2011-123 A by-law to adopt a Community Improvement Plan for the Markham Centre Secondary Plan Area, including certain lands on the north side of Highway 7 within the Unionville Heritage Conservation District.

(Public Meeting dated May 31, 2011)

CARRIED

BY-LAW 2011-124 A by-law to amend By-law 2004-196, as amended (Markham Centre Community Improvement Plan (CIP) [Tools to Promote Economic Development)] - To require general compliance to applicable zone standards for public uses, buildings or structures subject to the Markham Centre By-law).

(Public Meeting dated May 31, 2011)

CARRIED

13. IN-CAMERA ITEMS

_____________________________

Councillor Colin Campbell was absent during the in-camera session of this Council meeting.

_____________________________

(1) PAN AM GAMES (6.0)

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss a potential litigation matter related to the Pan Am Games (9:26 p.m.).

(See Other Business Item No. 1 for Council’s decision on this matter).

CARRIED

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

That Council rise from the in-camera session and re-convene regular session. (11:57 p.m.)

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor Alex Chiu

Seconded by Councillor Howard Shore

That By-law 2011-125 be given three readings and enacted.

Three Readings

BY-LAW 2011-125 A by-law to confirm the proceedings of the Council meeting of May 31, 2011.

(Council Meeting No. 10, 2011)