<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 8

1) That the report entitled “Award of Tender 001-T-10 Bullock Drive Widening at the intersection of McCowan Road” be received; and,

2) That the contract for 001-T-10 Bullock Drive Widening at the intersection of McCowan Road be awarded to the lowest priced bidder, NEI Construction Corp. in the amount of $675,308.00 exclusive of GST, subject to receipt of funding commitment from Region of York in the amount of $150,000 and GO Transit in the amount of $375,000; and,

3) That a separate purchase order in the amount of $67,530.00 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,

4) 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 $8,000.00 exclusive of GST, subject to receipt of funding commitment from Region of York and GO Transit; and,

5) That the award be funded from 2009 Capital Budget account 058-5350-9232-005, Bullock Drive Widening at McCowan Construction Contract; and further,

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

CARRIED

(3) AWARD OF TENDER 003-T-10 (CONSTRUCTION)
AND 055-R-10 (CONTRACT ADMINISTRATION)
FOR REPLACEMENT OF CLARK AVENUE
WATERMAIN AND SANITARY SEWER REPLACEMENT
(FROM YONGE STREET TO SPRUCEWOOD DRIVE) (7.12.1)

1) That the report entitled “Award of Tender 003-T-10 (Construction) and 055-R-10 (Contract Administration) for Replacement of Clark Avenue Watermain and Sanitary Sewer Replacement (from Yonge Street to Sprucewood Drive)” be received; and,

2) That the contract for tender 003-T-10 (Construction) Clark Avenue Watermain and Sanitary Sewer Replacement from Yonge Street to Sprucewood Drive be awarded to the lowest priced bidder, Lakeside Contracting Company Limited in the amount of $2,643,554.20 exclusive of GST; and,

3) That a separate purchase order in the amount of $156,693.80 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,

4) That the contract for Request for Proposal 055-R-10 (Contract Administration) Clark Avenue Watermain and Sanitary Sewer Replacement from Yonge Street to Sprucewood Drive be awarded to highest ranked and lowest priced bidder, Cole Engineering Group Ltd. in the amount of $84,252.00 exclusive of GST, and,

5) That a contingency amount of $8,500.00 exclusive of GST be established to cover any additional contract administration 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,

6) 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 $50,000.00 exclusive of GST; and,

7) That the award be funded from the 2009 and 2010 Waterworks Capital Projects as identified with the financial considerations section; and,

8) That a new Waterworks capital project account be established and funds in the amount of $2,943,000.00 to be transferred from accounts mentioned in the financial considerations section; and further,

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

CARRIED

(4) FACILITY ACCESSIBILITY RETROFITS –
PREQUALIFICATION/TENDER (7.12)

1) That the report titled “Facility Accessibility Retrofits – Prequalification/Tender” be received; and,

2) That Quadrangle Architects Limited (QAL) presentation be received; and,

3) That the schedule presented by QAL highlighting 3 separate tender packages be received; and,

4) That Council authorizes Staff to proceed with the Request For Proposal (RFP), and subsequent award to the lowest compliant bidder for up to 4 elevators; and,

5) That Council authorizes Staff to proceed with a pre-qualification and tender process for General Contractors for the construction phase of the project; and,

6) That Council authorizes Staff to award the construction contract for each of the respective Tenders in accordance to expenditure control policy of Town of Markham up to a total maximum of $2,690,471 and that all awards for tenders over $350,000 be authorized by the CAO; and further,

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

CARRIED

(5) SUSTAINABILITY FOR LEADERS
- LEVEL 1 COURSE, OTTAWA (16.23)

Course Information

1) That Council authorize Councillor Erin Shapero to attend a (2) day course entitled “Sustainability for Leaders – Level 1” in Ottawa on May 18, and 19, 2010; and,

2) That the cost of the travel and overnight accommodations be funded through her discretionary budget.

CARRIED

6(b) REPORT NO. 24 - GENERAL COMMITTEE (May 3, 2010)

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

That Report No. 24 - General Committee comprised of 8 items be received and adopted.

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

1) That Mr. Matthew Korchinski and Mr. Peter Favot be appointed to the Public Art Advisory Committee for the term ending November 30, 2010.

CARRIED

(2) BANKING SERVICES CONTRACT
EXTENSION 006-R-02 (7.0)

1) That the report “Banking Services Contract Extension 006-R-02” be received; and,

2) That the staff be authorized to extend contract 006-R-02 with TD Commercial Banking (TD Bank) for a period of 5 years to April 30, 2015 for banking services in the estimated annual cost of $92,000; and,

3) That the Request for Proposal process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, 1(c), Non-Competitive Procurement, when the extension of an existing contract would prove more cost-effective or beneficial; and,

4) That the funds for Banking Services be drawn from the Financial Services Operating Account # 410-440-5750; and further,

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

CARRIED

(3) 2010 TAX RATES AND LEVY BY-LAW (7.3)

1) That a by-law to provide for the levy and collection of property taxes totalling $498,125,518 required by the Town of Markham, Regional Municipality of York, 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 2010, as set out as follows, be approved;

Town of Markham: $107,354,545

Region of York: $208,754,845

School Boards: $182,016,128

Total $498,125,518; and,

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

(By-law 2010-72)

CARRIED

(4) APPROVAL OF ALTERNATIVE VOTING
METHODS - 2010 MUNICIPAL ELECTION (14.0)

1) That the Report entitled “Approval of Alternative Voting Methods - 2010 Municipal Election” be received; and,

2) That Council adopt the by-law attached as Appendix “A” to authorize the use of Optical Scan Vote Tabulators and Vote Recorders for the 2010 Municipal Elections; and

3) That Council adopt the by-law attached as Appendix “B” to authorize the use of Internet Voting for the Early Voting Period for the 2010 Municipal Elections; and further,

4) That staff be authorized to give effect to this resolution.

(By-laws 2010-73 and 2010-74)

CARRIED

(5) AWARD OF PROPOSAL 029-R-10 2010
GENERAL ELECTION – TABULATION
AND ONLINE VOTING SUPPORT & SERVICES (14.0)

1) That the Report entitled “Award of Proposal 029-R-10 2010 General Election – Tabulation and Online Voting Support & Services” be received; and,

2) That the contract for Request for Proposal 029-R-10 be awarded to the highest ranked and lowest priced bidder, Election Systems & Software in the amount of $236, 619.35, inclusive of HST; and,

3) That the award be funded from budget account 86 2700 850 (2010 General Elections); and further,

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

CARRIED

(6) MARKHAM TREES FOR TOMORROW -
SPRING 2010 FUNDING (5.7)

Staff Recommendations Applications

1) That the staff report entitled Markham Trees for Tomorrow Fund - Spring 2010 Funding be received; and,

2) That Council approve funding for the four applications in the amount of $97,500 from the Trees for Tomorrow Fund (account #700-101-5399-10221) as per the recommendations contained in this staff report; and further,

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

CARRIED

(7) MARKHAM ENVIRONMENTAL
SUSTAINABILITY
FUND APPLICATIONS (5.7)

1) That Council endorse the following recommendations from the March 24, 2010 Environmental Issues Committee meeting:

A) Little Rouge Creek Rehabilitation (Application 1 – Page 215)

That the application by Ontario Streams for MESF funding for a stream rehabilitation project be approved in the amount of $5,000; and,

That staff ensure that the land has not been cultivated in the last five years; and,

That Town be recognized for funding support on the Ontario Streams’ website.

B) Ecological Action Conference: Markham Steps Forward
(Application 2 – Page 227)

That the application by the Youth Environmental Network of York Region (YENYR) for MESF funding for the third annual Ecological Action Conference in the fall of 2010 be approved in an amount not to exceed $10,000, following review and approval of a revised detailed budget by Town Communications staff; and,

That YENYR consult with the Manager, Environmental Leadership and the Town’s Communications staff in the development of the conference; and,

That staff be directed to work with YENYR to refine the details of the conference, including: the use of a local caterer; the engagement of a keynote speaker; increasing the size of the target audience; and participation/displays by Region of York and other organizations.

C) Outdoor Classroom/ Garden (Application 3 – Page 241)

That the application by Ellen Fairclough Public School for MESF funding for an outdoor classroom/garden in the amount of $5,000 be approved, subject to the review and approval of tree species by Parks staff.

D) Garden and Field Guide (Application 4 – Page 255)

That the application by Unionville Meadows Public School for MESF funding for a garden project in the amount of $3,572 be approved, conditional on the following:

- species selection for the garden and field guide publication being reviewed by Town Parks staff.

- the Markham Environmental Sustainability Fund contribution be recognized in the field guide publication and through newsletters, the school website, etc.

E) Legacy Organic Garden (Application 5 – Page 275)

That the application by the Town of Markham’s Sustainability Office for MESF funding in the amount of $2,500 for a community garden pilot project on Markham Green Golf Course lands be approved in principle; and,

That funding not be released until all necessary licensing, approvals and guidelines are obtained/met; and,

That Sustainability Office staff be directed to report back at a further meeting of the Environmental Issues Committee, to be scheduled as soon as possible, on issues and queries raised this date.

CARRIED

(8) REGIONAL ROAD WATCH COMMITTEE (16.24)

Letter

1) That the letter from Ms. Linda Pabst, Councillor, Township of King, and Mr. Bradley Bulmer, Traffic Bureau Commander, York Regional Police, requesting the Town appoint a Councillor to the Regional Road Watch Committee be received; and,

2) That Regional Councillor Gordon Landon be appointed to the Regional Road Watch Committee with a term ending November 30, 2010.

CARRIED

6(c) REPORT NO. 25 - DEVELOPMENT SERVICES COMMITTEE (April 27, 2010)

Council consented to separate the proposed motion regarding “Recommended Markham Growth Alternative to 2031” for voting purposes.

(1) RECOMMENDED MARKHAM GROWTH
ALTERNATIVE TO 2031 (10.0)

Report Figures 1-3 Appendix A Appendix B Appendix C Appendix D Appendix E

Appendix F Appendix G Appendix H Appendix I Appendix J Appendix K

Appendix L Submissions Introduction and Summary Presentation

Transportation Strategy Presentation Servicing Study Presentation

Financial Evaluation Presentation

Staff Presentation April 27

April 27 DSC Minutes

1) That the Report entitled “Recommended Markham Growth Alternative to 2031” dated April 20, 2010, including the attached Figures and Appendices, be received; and,

2) That the Compact Disc prepared by the Town Clerk, containing the submissions and emails relating to the Public Information Meeting held on February 16^th and 17^th, 2010, be received; and,

3) That the recommended growth alternative to 2031, as described in the report of November 17, 2009 (Appendix A, to this report) and further discussed in this report, be endorsed as the basis for completing implementing studies, and for preparing a new Town of Markham Official Plan with appropriate conditions with respect to providing and the timing of required infrastructure including transit; and,

4) That Staff report on the following studies, when finalized based on the growth alternative to be endorsed by Council:

- Markham Strategic Transportation Plan;

- Markham Master Servicing Study;

- Financial Analysis;

- Greenhouse Gas Emissions Study;

- Employment Lands Intensification Study; and

- Affordable and Special Needs Housing Strategy Study; and,

5) That Staff report back on possible options to assist Council in a decision regarding commencing a formal process to review adding lands to the Provincial Greenbelt; and,

6) That Staff report back on work and public consultation to be undertaken in preparing a new Town of Markham Official Plan; and,

7) That copies of this report and the decision of Council with respect to a preferred growth alternative for Markham, be forwarded to the Region of York and the Ministry of Municipal Affairs and Housing; and,

8) That staff be directed to report back to the Development Services Committee by June 2010 with respect to the Town of Markham requesting the Province of Ontario to expand the Greenbelt for permanent protection of the Class One Agricultural Lands for the purpose of a foodbelt within the remaining whitebelt lands (after the approval of the staff recommended 60% growth alternative); and,

9) That staff be directed to report back to the Development Services Committee by June 2010 with respect to reviewing options of further protection of the agriculture lands in the whitebelt area that will provide for 40 year protection of no development (north and east areas of Markham); and further,

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

CARRIED BY RECORDED VOTES

(See following to move the matter forward)

(See following to consider the proposed motion)

(See following recorded votes)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Council consider the matter regarding “Recommended Markham Growth Alternative to 2031” immediately following the delegations with respect thereto.

CARRIED

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Council consider the proposed motion regarding “Recommended Markham Growth Alternative to 2031”.

CARRIED

Resolution Nos. 1 to 7 and 10

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Resolution Nos. 1 to 7 and 10 regarding “Recommended Markham Growth Alternative to 2031” be received and adopted.

CARRIED BY A RECORDED VOTE (7:6)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (7)

NAYS: Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor L. Kanapathi. (6)

Resolution No. 8

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Resolution No. 8 regarding “Recommended Markham Growth Alternative to 2031” be received and adopted.

CARRIED BY A RECORDED VOTE (9:4)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor L. Kanapathi. (9)

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

Resolution No. 9

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Resolution No. 9 regarding “Recommended Markham Growth Alternative to 2031” be received and adopted.

CARRIED BY A RECORDED VOTE (9:4)

(See following recorded vote)

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

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That Council receive the delegations listed under Delegation No. 2 and the correspondence listed under Communication No. 29-2010 regarding “Recommended Markham Growth Alternative to 2031”.

CARRIED

6(d) REPORT NO. 26 - DEVELOPMENT SERVICES COMMITTEE (May 4, 2010)

Council consented to separate Item No. 2 regarding Anagni Homes Limited 's applications to provide an opportunity for Regional Councillor G. Landon to disclose an interest.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 26 - Development Services Committee comprised of 4 items be received and adopted.

(1)        JADE-KENNEDY DEVELOPMENT CORPORATION
            (SOUTH UNIONVILLE SQUARE)
            EAST SIDE OF KENNEDY ROAD BETWEEN
            SOUTH UNIONVILLE AVENUE AND CASTAN AVENUE
            APPLICATIONS FOR OFFICIAL PLAN AMENDMENT
            AND REZONING TO PERMIT AN INCREASE TO THE
            HEIGHT AND UNIT COUNT OF A PROPOSED APARTMENT BUILDING
            (OP 09 129423 AND ZA 09 129424) (10.3, 10.5)

1) That the staff report entitled “PRELIMINARY REPORT, Jade-Kennedy Development Corporation (South Unionville Square), East side of Kennedy Road between South Unionville Avenue and Castan Avenue, Applications for Official Plan Amendment and rezoning to permit an increase to the height and unit count of a proposed apartment building,” be received; and,

2) That a Public Meeting be scheduled for the applications; and,

3) That Council endorse extending the notice circulation for the Public Meeting to be extended to include Highway 7 to the north, Highway 407 to the south , Kennedy Road to the west and McCowan Road to the east; and,

4) That the Ward Councillor holds a Community Information meeting prior to the Statutory Public Meeting; and further,

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

CARRIED

(2)        ANAGNI HOMES LIMITED
            APPLICATIONS FOR ZONING BY-LAW AMENDMENT
            AND SITE PLAN CONTROL APPROVAL TO PERMIT A
            MIXED-USE RESIDENTIAL DEVELOPMENT AT THE NORTHWEST
            CORNER OF EDWARD JEFFREYS AVENUE AND HIGHWAY 48
            (ZA 09-115049 AND SC 06-129809) (10.5, 10.6)

1) That the recommendation report dated May 4, 2010 entitled “Recommendation Report, Anagni Homes Limited, Applications for Zoning By-law Amendment and Site Plan Control Approval to permit a mixed-use residential development at the northwest corner of Edward Jeffreys Avenue and Highway 48, File No: ZA 09-115049 and SC 06-129809”, be received; and,

2) That the record of the Public Meeting held on June 16, 2009, regarding the applications for the Zoning By-law amendment and accompanying site plan control application be received; and,

3) That the Site Plan Application (File No. SC 06-129809) submitted and revised by Anagni Homes Limited to permit a 20-storey mixed use building consisting of 216 apartment units and commercial/retail space at grade, at the northwest corner of Highway 48 and Edward Jeffreys Avenue, be endorsed in principle, subject to the conditions attached as Appendix ‘A’. All future phases for this developments (including phases 2 & 3) report back to the Development Services Committee for consideration; and,

4) That the application submitted by Anagni Homes Limited to amend Zoning By-law 177-96 as amended, be approved and the draft by-law attached as Appendix ‘B’ be finalized and enacted without further notice; and,

5) That 210 units (476.7 population) of conditional 2011 servicing allocation be granted to this development, as assigned in accordance with the February 12, 2008 and May 19, 2009 reports on servicing allocation; and,

6) That prior to the Director of Planning and Urban Design endorsing the site plan, the applicant shall submit to the Town final confirmation of servicing allocation credits from the Region of York (for the remaining 6 units of allocation required) under their “Sustainable Development Through LEED” policy; and,

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

8) That the Owner provide the Town with the required payment of 60% processing fees in accordance with the Town’s applicable Fee By-law; and,

9) That site plan approval be delegated to the Director of Planning and Urban Design or designate, to be issued following execution of a site plan agreement. Site Plan Approval is issued only when the Director has signed the plan; and,

10) That should the Owner wish to participate in the enhanced hoarding programme, the Mayor and Town Clerk be authorized to enter into a Hoarding Agreement with the Owner; and,

11) That staff be authorized to accept the woodlot (approximately 0.2 ha or 0.5 acres) as part of the parkland dedication requirements for this application, with the balance of the required parkland dedication to be in the form of cash-in-lieu payment subject to the withdraw of the Ontario Municipal Board (OMB) hearing with respect to the open space zoning; and,

12) That the site plan endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed within that period; and further,

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

CARRIED

(Regional Councillor G. Landon abstained)

(3) DON RIVER WATERSHED PLAN
AND IMPLEMENTATION GUIDE (10.0)

1) That the staff report entitled Don River Watershed Plan and Implementation Guide be received; and,

2) That this staff report be forwarded to the Toronto Region Conservation Authority (TRCA), and the Region of York as the Town’s response to the Don River Watershed Plan and Implementation Guide; and,

3) That the Town endorse in principle the Don River Watershed Plan objectives while continuing to work with the TRCA and other stakeholders to practically and feasibly meet the overall objectives of the Implementation Guide in the context of respective roles, responsibilities and funding capabilities; and,

4) That the TRCA and Town staff report back regarding future capital and operational costs associated with these guidelines (including potential funding sources); and,

5) That the proposed 10 year work plans of implementation projects in Markham, as outlined in the Implementation Guideline, be subject to funding commitment by the Province, other stakeholders and further Council approval; and,

6) That staff be directed to work with the Toronto and Region Conservation Authority (TRCA) in identifying Sustainable Neighbourhood Retrofit Action Plan (SNAP) projects within the Thornhill area; and,

7) That a Don Watershed Task Force be established to implement the 10 year plan for the watershed and that staff report back to the Development Services Committee with the Terms of Reference; and further,

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

CARRIED

(4)        RELEASE AND ABANDONMENT OF EASEMENT
            – PART OF LOT 3, CONCESSION 7, DESIGNATED AS
            PARTS 1 AND 3, PLAN 65R-6657 - ARMADALE COMMUNITY (8.1)

1) That the report entitled “Release and Abandonment of Easement – Part of Lot 3, Concession 7, designated as Parts 1 and 3, Plan 65R-6657, Armadale Community”, be received; and,

2) That the Mayor and Clerk be authorized and directed to execute a release and abandonment of easement over Part of Lot 3, Concession 7, designated as Parts 1 and 3, Plan 65R-6657, and any other documents required to give effect thereto; and further,

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

CARRIED

6(e) REPORT NO. 27 - GENERAL COMMITTEE (May 10, 2010)

Council consented to add Report No. 27.

Council consented to separate Item No. 2 regarding “Award of Proposal P-09-126 Joint Portal Managed Hosting Services” to provide an opportunity for Mayor F. Scarpitti to disclose an interest.

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

That Report No. 27 - General Committee comprised of 2 items be received and adopted.

(1) ANGUS GLEN TENNIS CENTRE:
FABRIC CLAD VS MEDAL STRUCTURE (6.0)

1) That the presentation entitled “Angus Glen Tennis Centre: Fabric Clad vs Metal Clad Structure” be received; and,

2) That Council authorize staff to change Angus Glen Tennis Centre Facility from a fabric clad structure to a metal clad structure.

CARRIED

(2) AWARD OF PROPOSAL P-09-126
JOINT PORTAL MANAGED
HOSTING SERVICES (7.13 & 7.12)

1) That the report entitled “Award of Proposal P-09-126 Joint Portal Managed Hosting Services” be received; and,

2) That the contract for Managed Hosting Services P-09-126 through the Region of York be awarded to the highest ranked and lowest priced bidder, Compugen Inc., in the amount of $693,474, Inclusive of HST for a five year term; and,

3) That the CIO and Manager of Purchasing be authorized to negotiate with successful proponent, Compugen Inc., for Additional Joint Portal Managed Hosting Services subject to an upset limit of $610,560.00 Inclusive of HST; and,

4) That the funding for the RFP P-09-126 award and for Additional Joint Portal Managed Hosting Services be shared between the Region of York and the Town of Markham on 50% - 50% basis; and,

5) That Markham’s share of the contract for Joint Portal Managed Hosting Services be funded from capital budget account # 49-5350-8659-005 in amount of $346,737; and,

6) That Markham’s share for Additional Joint Portal Managed Hosting Services be funded from capital budget account # 49-5350-8659-005 in amount of $305,280; and,

7) That purchasing be authorized to issue a Purchase order for contract P-09-126 to the Region of York to cover the Town’s 50% contribution; and further,

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

CARRIED

(Mayor F. Scarpitti abstained)

Mayor F. Scarpitti vacated the Chair and Deputy Mayor J. Heath assumed the Chair during the consideration of the matter regarding “Award of Proposal P-09-126 Joint Portal Managed Hosting Services”

6(f) REPORT NO. 28 - DEVELOPMENT SERVICES COMMITTEE (May 11, 2010)

Council consented to add Report No. 28.

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

That Report No. 28 - Development Services Committee comprised of 1 item be received and adopted.

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

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 Town of Markham work 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,

4) That if the study finds better solutions for the Langstaff Gateway and the Richmond Hill Centre, the Town of Markham request Metrolinx to examine these solutions and modify the environmental assessments to implement any of these solutions as appropriate; and further,

5) That proceeding with the engagement of the consultant be subject to receiving the funding in advance from the Langstaff Developers Group.

CARRIED

Council consented to remove the words "…Mayor of the…" before the words "…Town of Markham…" in Resolution No. 1.

7. MOTIONS

(1) ONTARIO SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS (OSPCA) (2.8)

Whereas, the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) is regulated under the Animals for Research Act, administered by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) relative to the impoundment and care of stray animals for Ontario municipalities; and,

Whereas, the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) is contracted by the Town of Markham to provide proper animal care and veterinary services for stray animals during their impoundment; and,

Whereas, without advance notice, the Town of Markham learned of the potential euthanization of up to 350 animals due to an uncontrolled outbreak of Dermatophytosis (commonly known as ringworm) the week of May 11, 2010; and,

Whereas, the Town of Markham is concerned about the health of the Town’s animals under the OSPCA’s care; and,

Therefore, be it resolved that the Town of Markham requests that the following actions be undertaken:

1) That OMAFRA immediately undertake an inspection of the OSPCA’s Newmarket facility and work with the OSPCA to assess and address concerns within its power related to the OSPCA’s care of the Town’s animals; and,

2) That the Town of Markham review reasonable animal care options with OSPCA veterinarians for those animals affected, or potentially affected by the ringworm outbreak and where reasonable and possible, provide additional care and support; and,

3) That no animals be euthanized until examined by an independent veterinarian; and,

4) That the OSPCA develop a response to the outbreak that places emphasis on the treatment and possible relocation of affected animals; and

5) That the OSPCA provide detailed recommendations to the Town to ensure such an outbreak is properly controlled in the future, and that the Town is properly informed of any such outbreaks and consulted on any future mass euthanasia plans; and further,

6) That the OSPCA be requested to address Council in response to its corrective actions.

CARRIED UNANIMOUSLY

(See following recorded vote)

(See following motion to consider)

YES: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

Council consider the motion regarding Ontario Society for the Prevention of Cruelty to Animals' (OSPCA) potential euthanization of animal in their Newmarket shelter due to an outbreak of ringworm immediately following the completion of presentations.

CARRIED

(2/3 Vote was requested & obtained)

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

That the delegation of Rhiannon Lane to request Council review the ringworm outbreak situation with OSPCA be received; and,

That the communications regarding Ontario Society for the Prevention of Cruelty to Animals' (OSPCA) potential euthanization of animal in their Newmarket shelter due to an outbreak of ringworm be received.

(See Delegation 1) (See Communication No. 30-2010)

CARRIED

8. NOTICES OF MOTIONS

There were no notices of motions considered by Council.

9. COMMUNICATIONS

Council consented to add Communication No. 30-2010.

Moved by Councillor A. Chiu

Seconded by Councillor D. Hamilton

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

Referred to all Members of Council

24-2010 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Spicy Pizza Wings Inc., 7200 Markham Road, Unit 2B,A (Expansion of existing operations with liquor licence) (Ward 7) (3.21).

25-2010 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Shin Jung Korean BBQ Restaurant, 3235 Hwy 7 E, Units 23-26 (Change of ownership for previously licenced area) (Ward 6) (3.21).

26-2010 Markham Village BIA - Requesting an approval from the Town of Markham regarding the applications of temporary extension to the outdoor liquor licence to be utilized in conjunction with the various community festivals being held during 2010 summer. The applications are as follows:

Events, dates and hours

a) The Markham Village Music Festival

(June 18 from 4:00 p.m. to 11:00 p.m. and

June 19, 2010 from 11:00 a.m. to 7:00 p.m.)

b) Pedestrian Days

(May 30, July 18 and August 15, 2010 from 11:00 a.m. to 6:00 p.m.)

c) Main Street Markham Auto Classic

(September 12, 2009 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)

- The Artisan Pub, 48 Main Street North, Markham

- The Duchess of Markham, 53 Main St. N. Markham, and

- Main’s Mansion Restaurant and Bar, 144 Main St. N., Markham

- Al Dente Restaurant, 39 Main St. N., Markham

- Folco’s Restaurant, 42 Main St. N., Markham

- My Favourite Pastry Chef, 58 Main St. N. Markham

- Asoka Indian Restaurant, 60 Main Street N., Markham

(The application for Artisan Pub and Asoka Indian Restaurant for all events is from 11:00 a.m. to 11:00 p.m., as the extended hours will be specifically for the patio within the establishment). (3.21)

27-2010 Paula Roberts, Chair - Forwarding a request to close the following roads to facilitate the Unionville Village Festival for Friday, June 4, 2010 from 5:00 p.m. to 12:00 midnight:

- Main St. Unionville, south of Carlton Rd. to Main St. north of by pass.

- Fred Varley Drive, west of EJ Lennox Way.

(Road closure for Saturday June 5 and Sunday June 6 has been previously approved by Council on February 23, 2010) (3.5.4)

28-2010 John Cabrelli, Unionville Village Festival Committee - Requesting an approval from the Town of Markham regarding the application of a Special Occasion Liquor Permit to be utilized at Crosby Baseball Field located behind Crosby Arena from 12:00 noon to 8:00 p.m., during the Unionville Village Community Festival being held on June 5, 2010.

(3.21)

Referred to Commissioner of Development Services

29-2010 Communications regarding the proposed recommendation on Markham Growth Alternative to 2031:

1. Bruce Pearse, Chair, Land Use Council - Letter dated May 1, 2010

2. Bernie Zeesman, York Region resident - Email dated May 6, 2010

3. Andrew McCammon - Letter dated May 8, 2010

4. Darcy Trevelyan - Email dated May 9, 2010

5. Trish McCormick - Email dated May 7, 2010

6. Patricia McCormick - Email dated May 7, 2010

7. Anne Faulkner - Email dated May 11, 2010

8. Carmela Marshall - Email dated May 10, 2010. Communications

(Council received the communications - See Item 1, Report No. 25) (10.0)

Referred to all Members of Council

30-2010 Communications regarding Ontario Society for the Prevention of Cruelty to Animals' (OSPCA) potential euthanization of animal in their Newmarket shelter due to an outbreak of ringworm (emails dated May 11, 2010):

1. Barbi Lazarus

2. Sara K. Copley

3. Diane Reilly

4. Reg Quesnelle

5. Jocelyn N. McPhail

6. Juli Kaiss

7. Barbara and Bob Newman

8. Amy Hughes

9. Terry Lazarus

10. Jamie Nolan

11. Janet Andrews

12. Denise Harkins

13. Lorri Noble Communications

(Council received the communications - See Motion 1) (2.8)

CARRIED

10. PROCLAMATIONS

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That Proclamations (1) be received and adopted.

(1) PROCLAMATIONS (3.4)

Whereas Markham Public Library has developed a new library classification system called C3, designed from a customer perspective to replace the traditional Dewey Classification System and make libraries more efficient and easier to use; and,

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

- Fibromyalgia Awareness Day (May 12, 2010)

- Road Watch Week (May 17 to 23, 2010)

- Armenian National Day (May 28, 2010)

- National Access Awareness Week (June 6 to 12, 2010)

- Pride Week (June 6 to 13, 2010); and,

2) That the Armenian Flag be raised at the Anthony Roman Markham Civic Centre for the Armenian National Day; and,

3) That the Rainbow Flag be raised at the Anthony Roman Markham Civic Centre for the Pride Week; and further,

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

CARRIED

11. NEW/OTHER BUSINESSES

(1) 2009 MINISTER'S AWARD FOR INNOVATION
- C3™ INITIATIVE (CUSTOMER CENTRE CLASSIFICATION) (12.2.6)

Whereas Ontario’s Ministry of Culture has awarded the Minister's Award for Innovation to Markham Public Library for its C3™ – Customer Centred Classification initiative; and,

Whereas the Minister’s Award for Innovation recognizes successful new approaches that demonstrate a positive impact in a community and are of continued value for public libraries; and,

Whereas The Honourable Michael Chan, Minister of Tourism and Culture, is present today to present the award to Council, the Library Board, and staff; and,

Whereas Markham Council wishes to recognize the importance of innovation in Markham’s library system, and to congratulate the Board and all staff who have contributed to the success of C3;

Now therefore be it resolved:

1) That the Mayor and Members of Council commend the Library Board and Library staff for this significant achievement, recognize them for their innovative approach to improving library services, and congratulate them on receiving the Minister's Award for Innovation.

(See Presentation 1)

DEFERRED

(See following to defer)

Council consented to defer the matter regarding 2009 Minister's Award for Innovation - C3™ Initiative to the May 25, 2010 Council meeting to accommodate the attendance of the Honourable Michael Chan, Minister of Tourism and Culture.

(2) LICENSING COMMITTEE HEARING
22 WILLOWGATE DRIVE (2.0)

That the following recommendation of the Licensing Committee from the Hearing held on April 28, 2010, be approved and adopted:

1) That the application to remove a Honey Locust tree at 22 Willowgate Drive, Markham, be approved, with the following conditions:

a) That the applicants provide for replacement trees, in a quantity and size deemed appropriate by staff in accordance with the proper replacement ratio;

b) That the species of the replacement trees be the choice of the applicants;

c) That at least one of the replacement trees be placed on the applicant’s property, at a location of their choice; and,

2) That the recommendations are based on the unique characteristics of this case only and are neither intended to be precedent setting nor to be used as a basis for future cases.

CARRIED

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

That New/Other Businesses (2) regarding the recommendation of the Licensing Committee for 22 Willowgate Drive be received and adopted.

CARRIED

12. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

That By-laws 2010-72 to 2010-75 be given three readings and enacted.

Three Readings

BY-LAW 2010-72 A by-law to provide for the levy and collection of sums required by The Corporation of the Town of Markham for the year 2010 and to provide for the mailing of notices demanding payment of taxes for the year 2010.

(Item No. 3, Report No. 24)

(Item No. 4, Report No. 24)

BY-LAW 2010-73 A by-law to authorize the use of Optical Scanning Vote Tabulators and Vote Recorders as an alternative voting method at the 2010 Municipal Election.

BY-LAW 2010-74 A by-law to authorize the use of Internet Voting as an alternative voting method at the 2010 Municipal Election.

(Item No. 4, Report No. 24)

BY-LAW 2010-75 Being a by-law to appoint a Chief Building Official and Building Inspectors pursuant to the Building Code Act, 1992,S.O. 1992, c. 23, as amended (Repeals By-law 2002-208).

CARRIED

13. IN-CAMERA ITEMS

Council did not resolve into in-camera session to consider the following matters.

(1) LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS
REGARDING PREGNANCY AND PARENTAL LEAVE (11.0)

[Section 239 (2) (d)]

(2) 8100 WARDEN AVENUE:
MARKHAM DISTRICT ENERGY
PROPOSED LEASE (8.6)

[Section 239 (2) (c)]

(3) UPDATE ON ENVIRONMENTAL AND
PROPERTY ISSUES FOR THE MILLER LANDS (5.7, 8.7)

[Section 239 (2) (f)]

(4) WITHIN RANGES GOLF CENTRES
REFERRAL TO THE ONTARIO MUNICIPAL BOARD

[Section 239 (2) (f)]

(5) MINUTES OF IN-CAMERA COUNCIL MEETING
- APRIL 27, 2010

[Section 239 (2) (g)]

(6) CONVEYANCE OF TABLELAND
AND VALLEYLANDS
– GREENSBOROUGH SECONDARY PLAN (8.6)

[Section 239 (2) (c)]

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the following In-Camera Item Nos. (1) to (5) be received and adopted.

REPORT OF GENERAL COMMITTEE - May 3, 2010

(1) 8100 WARDEN AVENUE:
MARKHAM DISTRICT ENERGY
PROPOSED LEASE (8.6)

1) That the confidential report entitled “8100 Warden Avenue: Markham District Energy (“MDEI”) Proposed Lease” be received; and,

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

CARRIED

REPORT OF DEVELOPMENT SERVICES COMMITTEE- May 4, 2010

(2) UPDATE ON ENVIRONMENTAL AND
PROPERTY ISSUES FOR THE MILLER LANDS (5.7, 8.7)

1) That the confidential staff report entitled “Update on Environmental and Property Issues regarding the Miller Paving Limited Lands” be received; and,

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

CARRIED

(3)        WITHIN RANGES GOLF CENTRES
            REFERRAL TO THE ONTARIO MUNICIPAL BOARD
            ON AN APPLICATION TO AMEND THE
            MINISTER'S ZONING ORDER TO PERMIT
            AN OUTDOOR DRIVING RANGE WITH
            CHIPPING & PUTTING AREAS, CLUBHOUSE AND
            MINIATURE GOLF COURSE AT 8111 LESLIE STREET (8.0, 10.0)

1) That the report entitled “Within Ranges Golf Centres- Referral to the Ontario Municipal Board on an application to amend the Minister's Zoning Order to permit an outdoor driving range with chipping & putting areas, clubhouse and miniature golf course at 8111 Leslie Street”, be received; and,

2) That the Town Solicitor be instructed not to attend the Ontario Municipal Board (OMB) pre-hearing respecting an amendment to the Minister's Zoning Order provided that the proponent (Within Range) confirms in writing to the Town Solicitor that they will not request the Ontario Municipal board to approve plans inconsistent with the Site Plan and Site Plan conditions endorsed by the Town as set out in the Site Plan Endorsement Memo dated October 3, 2008 identified as Appendix ‘B’; and,

3) That the Town forward this Recommendation to the Ontario Municipal Board requesting that if approved, the amendment to the Minister’s Zoning Order reflect the approved Site Plan, Landscape Plan and conditions of Site Plan Approval endorsed by the Town of Markham on October 3, 2008; and,

4) That Staff be authorized and directed to take the actions set out in this report.

CARRIED

MINUTES OF APRIL 27, 2010 COUNCIL IN-CAMERA MEETING

(4) MINUTES OF IN-CAMERA COUNCIL MEETING
- APRIL 27, 2010 (16.0)

1) That the minutes of the in-camera Council meeting held on April 27, 2010, be confirmed.

CARRIED

REPORT OF GENERAL COMMITTEE - May 3, 2010

(5) CONVEYANCE OF TABLELAND
AND VALLEYLANDS
– GREENSBOROUGH SECONDARY PLAN (8.6)

1) That the confidential report entitled “Conveyance of Parkland and Valleylands – Greensborough Secondary Plan” be received; and,

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

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor D. Hamilton

That By-law 2010-76 be given three readings and enacted.

Three Readings

BY-LAW 2010-76 A by-law to confirm the proceedings of the Council meeting of May 11, 2010.
(Council Meeting No. 8)