<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 10

1) That the staff report entitled “Markham Agricultural Advisory Committee Revised Terms of Reference be received; and,

2) That Council approve the revised Terms of Reference for the Markham Agricultural Advisory Committee (Appendix A) and revised membership eligibility criteria (Appendix B) as amended at the June 1, 2010 Development Services Committee meeting; and,

3) That Regional Councillor Gord Landon and Councillor Carolina Moretti be appointed to the Markham Agricultural Advisory Committee for the term ending November 30, 2010; and further,

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

CARRIED

Council consented to add the words “...as amended at the June 1, 2010 Development Services Committee meeting” to the end of Resolution No. 2.

(4)        WARDEN AVENUE ROAD IMPROVEMENTS
            16^TH AVENUE TO MAJOR MACKENZIE DRIVE
            PROJECT UPDATE (5.10)

Presentation

1) That the presentation provided by Mr. Peter Cholewa, Senior Project Manager, Regional Municipality of York regarding Warden Avenue Road Improvements 16^th Avenue to Major MacKenzie Drive Project Update, be received; and,

2) That the Town of Markham support in principle the proposed road closure to assist in expediting the completion of the project and that Engineering staff report back to Development Services Committee regarding the road closure.

CARRIED

(5)        DELEGATION OF AUTHORITY TO RELEASE
            PERMANENT AND TEMPORARY EASEMENT
            AND PARTIAL RELEASE OF EASEMENT
            – PART OF LOT 23, CONCESSION 3
            DESIGNATED AS PART 2, PLAN 65R-32322
            WEST CATHEDRAL COMMUNITY (8.1)

Report Attachment A Attachment B

1) That the report entitled “Delegation of Authority to Release Permanent and Temporary Easement, and Partial Release of Easement – Part of Lot 23, Concession 3, designated as Part 2, Plan 65R-32322, West Cathedral Community”, be received; and,

2) That By-law 4-2000 be amended to delegate the release of easements to the Chief Administrative Officer; and,

3) That the Mayor and Clerk be authorized and directed to execute a partial release of easement over Part of Lot 23, Concession 3, designated as Part 2, Plan 65R-32322, and any other documents required to give effect thereto; and further,

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

(By-law 2010-111)

CARRIED

(6)        PROPOSED ALL-WAY STOP CONTROL
            AT ROYAL ORCHARD BOULEVARD & THE
            SOUTHBOUND RAMP TO BAYVIEW AVENUE (5.12.3)

1) That the report entitled “Proposed All-way Stop Control at Royal Orchard Boulevard & the Southbound Ramp to Bayview Avenue”, be received; and,

2) That Schedule 12 of Traffic By-law 106-71 for All-way stop Control be amended to include the intersection of Royal Orchard Boulevard and the southbound ramp to Bayview Avenue; and,

3) That the Operations Department be directed to install the appropriate signs and pavement markings at the subject locations, funded through the Operations Department account # 083-5399-8402-005; and,

4) That the Operations Department be directed to maintain the signs at the subject locations; and,

5) That York Regional Police be requested to enforce the all-way stop control upon installation of these signs and passing of the By-law; and further,

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

(By-law 2010-112)

(7)        WARDEN AVENUE RECONSTRUCTION FROM
            16TH AVE. TO MAJOR MACKENZIE DRIVE BY
            THE REGION OF YORK (5.10)

1) Report entitled “Warden Avenue reconstruction from 16^th Ave. to Major Mackenzie Drive” by the Region of York be received; and,

2) That the final detailed design for the reconstruction of Warden Avenue from 16^th Avenue to Major Mackenzie Drive by the Region of York be endorsed, as outlined in this report; and,

3) That the following works and funding be approved;

- The installation of a 2.5m wide concrete Multi Use Pathway (MUP) in the east boulevard from 16^th Avenue to Major Mackenzie Drive at an estimated cost of $461,700 to be funded from Town account 83-5350-8114-005.

- The installation of 1.5m wide concrete sidewalk in the west boulevard from 16^th Avenue to Calvert Road and from Cachet Parkway to Major Mackenzie Drive at an estimated cost of $322,000 to be funded from Town Account 83-5350-9302-005.

- The installation of streetlights on both sides of the road at an estimated cost of $588,600, funded from Town Account 83-5350-9301-005; and,

4) That a new 2010 Capital project be created within the Operations Department to include $156,600 for the diversion of existing storm flow from an existing culvert at 14 Cachet Parkway to the sewers on Warden Avenue, to be funded from the Life Cycle Replacement Capital Reserve; and,

5) That the streetscape design “Option B” prepared by the Region of York be endorsed; and,

6) That staff be authorized to submit an application to the Municipal Streetscape Partnership Program offered by Region of York and that the Town allocate funding of $65,000 from Town account 640-101-5699-7076 towards the installation of enhanced streetscape planting for this area; and,

7) That the Director of Engineering and the Director of Planning and Urban Design be authorized to finalize any future revisions to the streetscape plans as prepared by the Region of York; and further,

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

6(c) REPORT NO. 37 - DEVELOPMENT SERVICES PUBLIC MEETING
(June 1, 2010)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 37 – Development Services Public meeting comprised of 2 items be received and adopted.

(1)        REVISION TO BY-LAW 2005-104
            - A BY-LAW TO PROHIBIT THE USE
            OF LAND OR THE ERECTION OF BUILDINGS
            UNLESS MUNICIPAL SERVICES ARE AVAILABLE (5.0)

1) That the Development Services Commission report dated December 8, 2009 entitled “Revision to By-law 2005-104 – A By-law to Prohibit the Use of Land or the Erection of Buildings unless Municipal Services are Available” be received; and,

2) That the Record of the Public Meeting held on June 1, 2010, with respect to the proposed amendment to By-law 2005-104 be received; and,

3) That the Town Initiated amendment to By-law 2005-104 be finalized and enacted without further notice; and further,

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

(By-law 2010-113)

CARRIED

(2) LITTLE TREASURES PRE-SCHOOL INC.
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT A DAYCARE/PRE-SCHOOL AT THE
NORTHEAST CORNER OF BUR OAK AVENUE
AND HIGHWAY 48 (ZA 10-114981) (10.5)

1) That the report dated May 18, 2010 entitled “Preliminary Report, Little Treasures Pre-School Inc., Application for Zoning By-law Amendment to permit a daycare/pre-school at the northeast corner of Bur Oak Avenue and Highway 48, File Number ZA 10-114981” be received; and,

2) That the Record of the Public Meeting held on June 1, 2010, with respect to the zoning amendment application by Little Treasures Pre-School Inc., be received; and further,

3) That the implementing zoning by-law be enacted without further notice with a restriction on the size of the operation.

(By-law 2010-122)

CARRIED

6(d) REPORT NO. 38 - GENERAL COMMITTEE (June 7, 2010)

Moved by Regional Councillor J. Virgilio

Seconded by Councillor J. Webster

That Report No. 38 – General Committee comprised of 2 items be received and adopted.

(1) EAST MARKHAM COMMUNITY
CENTRE & LIBRARY – AWARD (7.12.3)

Report

1) That the report titled “East Markham Community Centre & Library – Award” be received; and,

2) That staff be authorized to award contract 012-T-10 to the lowest priced qualified bidder, PCL Constructors Canada Inc., for the construction of East Markham Community Centre & Library, in the amount of $56,949,984 inclusive of HST; and,

3) That this award be made in the full amount and that Staff negotiate any potential cost savings based on the Contractor’s further review of the design drawings and specifications to propose more cost effective or simplified methods of constructability and/or selection of materials without loss of design integrity or functionality; and,

4) That Staff be authorized to subsequently reduce the award by the amount of any such negotiated cost savings which prove good value for the Town; and,

5) That Staff be directed to incorporate appropriate conditions in the contract to facilitate negotiation of additional cost savings for efficiency gains of constructing on adjoining properties should PCL Constructors Canada Inc. be successful in their bid for the Markham Stouffville Hospital expansion project; and,

6) That a contingency amount of $2,562,749, inclusive of HST, representing 4.5% of the contractor’s bid price, be established to cover any unforeseen additional construction or design costs that may be incurred during construction, and that the CAO, be authorized to approve the expenditure of this contingency amount up to the specified limits in accordance with the Town’s Expenditure Control Policy and a monthly status update be provided to the Treasurer; and,

7) That the awards be funded from the East Markham Community Centre & Library project budget account 070-5350-8200-005 in the amount of $59,512,733; and,

8) That the East Markham Community Centre & Library project budget be increased by $5,335,733 from $70,400,000 to $75,735,733 and be funded as presented in the Proposed Funding Sources section; and,

9) That all other awards for this project be made in accordance to the Town’s Purchasing Bylaws; and,

10) That the balance of Administration Lot Levies Reserve Funds in the amount of $2,721,999 be transferred to the 10% Non-DC Growth Reserve Fund; and,

11) That Council express its intention to recover any future excess capacity that may be created from the addition of this facility from future Development Charges; and,

12) That Staff report back in the fall with the potential need for external Development Charges borrowing; and further,

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

CARRIED

(2) WATER AND WASTEWATER SYSTEM
FINANCIAL PLAN (5.3)

Report 1

1) That the report entitled “Water and Wastewater System Financial Plan” prepared in accordance with the Safe Drinking Water Act and Ontario Regulation 453/07 be received; and,

2) That Council, as the Owner and Operating Authority of the Town of Markham’s Drinking Water System, approve the Corporation of the Town of Markham’s “Water and Wastewater System Financial Plan”; and,

3) That Council authorize Staff to submit the “Water and Wastewater System Financial Plan” to the Ministry of Municipal Affairs and Housing on or before July 1, 2010; and further,

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

CARRIED

6(e) REPORT NO. 39 - DEVELOPMENT SERVICES COMMITTEE (June 8, 2010)

Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

That Report No. 39 – Development Services Committee comprised of 1 item be received and adopted.

(1)        AWARD OF TENDER #044-T-10
            WOODBINE BY-PASS CONSTRUCTION
            PHASES 1A AND 3B (7.12.2)

1) That the report entitled “Award of Tender # 044-T-10 Woodbine Avenue By-pass Construction – Phases 1A and 3B” be received; and,

2) That the tender be awarded to Con-drain Company (1983) Ltd. in the total amount of $4,929,479.82, inclusive of HST, subject to the receipt of funding, or other financial arrangements to the satisfaction of the Town’s Chief Administrative Officer as described in this report; and,

3) That a contingency amount of $492,947.98, inclusive of HST, be established to cover any additional construction costs and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit; and,

4) That staff be authorized to retain AECOM as preferred supplier to provide construction inspection, contract administration services, geotechnical material testing, and inspection of electrical works during construction of the project to an upset limit of $188,133.89 inclusive of HST, in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1); and,

5) That a contingency amount of $18,723.84, inclusive of HST, be established to cover any additional construction inspection, contract administration costs, geotechnical material testing, inspection of electrical works; and,

6) That staff be authorized to issue a Purchase Order to Powerstream Ltd. in the amount of $111,936.00, inclusive of HST, for their pole relocations along Phase 3B of the Woodbine Avenue By-pass; and,

7) That staff be authorized to issue a Purchase Order to Rogers Cable Communication Inc. in the amount of $24,207.48, inclusive of HST, for their cable and fibre-optic cable relocations along Phases 1A and 3B of the Woodbine Avenue By-pass; and,

8) That staff be authorized to issue a Purchase Order to Bell Canada in the amount of $87,208.32, inclusive of HST, for the cost of their cable relocations along Phases 3B of the Woodbine Avenue By-pass; and,

9) That the internal engineering project management fee of 4% be charged in accordance with the Tri-party Agreement and as estimated in this report; and,

10) That the sidewalk and illumination portions of the tender $203,752.26 and $310,589.77 respectively, inclusive of HST, be funded from the Engineering Department’s Capital Accounts #83-5350-10057-005, and # 83-5350-9301-005; and,

11) That the multi-use path portions of the tender $213,986.34, inclusive of HST, be funded from the Engineering Department’s Capital Accounts #83-5350-8114-005; and,

12) That the sanitary sewer portions of the tender $108,661.81, inclusive of design, contract administration, and construction costs and contingencies, inclusive of HST, be funded from the Engineering Department’s 404 North Trunk Sanitary Sewer Account #83-5350-7346-005; and,

13) That the Region of York be requested to enter into an Operation and Maintenance agreement for a combined storm sewer and outlet; and further,

14) That the risk assessment related to the status of a stormwater management pond provided by the 404 North Developers, property, permits, and utility relocations be acknowledged.

CARRIED

7. MOTIONS

There were no motions considered by Council.

8. NOTICES OF MOTIONS

(1) ELIMINATE CORPORATE AND UNION CONTRIBUTIONS FOR
MUNICIPAL ELECTION CAMPAIGNS (14.0)

Moved by Deputy Mayor J. Heath

Seconded by Councillor E. Shapero

Whereas election financing has been highlighted as an area for reform by various municipal governments in the province of Ontario; and,

Whereas requests to the province to amend the rules related to corporate and union donations have been made by many municipalities across Ontario;

Therefore be it resolved:

1) That the Town of Markham request the province of Ontario to eliminate corporate and union contributions for municipal election campaigns; and,

2) That this motion be circulated to the Association of Municipalities of Ontario, the Federation of Canadian Municipalities and all municipalities in Ontario.

(2) MUNICIPAL GOVERNMENT AND MUNICIPAL GOVERNANCE (14.0)

Moved by Councillor E. Shapero

Seconded by Councillor D. Hamilton

Whereas transparency is paramount in municipal government and municipal governance; and,

Whereas Bill 130 and the amended Municipal Act of 2001 enable municipalities to move towards full transparency in all aspects of municipal actions and process; and,

Whereas other municipalities in Ontario have already put in place mechanisms (such as integrity commissioners, codes of conduct and lobbyist registries) to ensure further transparency under Section 223.2 of The Municipal Act; and,

Whereas municipalities such as Ottawa, Hamilton, Vaughan, Toronto and others have already passed bylaws putting in place mechanisms described above;

Therefore now be it resolved:

1) That the Town of Markham establish an integrity commissioner to examine, implement and report on matters related to general integrity, gifts, conduct at council and committee meetings, election campaign work, incompatible activity, use of municipal property, conduct respecting staff, conduct of members of Council; and,

2) That the Town of Markham establish a Lobbyist Registrar’s Office to over-see the implementation of a lobbyist registry as soon as possible.

9. COMMUNICATIONS

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

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

Referred to all Members of Council

38-2010 Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Oriental Grill, 4500 Steeles Avenue East, Unit 1 (Change of ownership for existing operations previously licenced) (Ward 8) (3.21)

39-2010 Special Occasion Liquor Permit, Greek Orthodox Community of Markham - Requesting an approval from the Town of Markham for the application of a Special Occasion Liquor Permit to be utilized on July 16-18 and 23-26, 2010 at 11359 Warden Avenue during the Annual Greek Community Festival. (3.21)

40-2010 Municipal Information Form for a Retail Liquor Store Authorization – Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information for Aisle 43, 500 Copper Creek Boulevard (Within Wal-Mart) (3.21).

41-2010 Councillor C. Moretti, Town of Markham - Forwarding a road closure request for July 1, 2010 to facilitate the Canada Day Celebrations being held at Milne Park as follows:

3:00 p.m. to 4:30 p.m.

- McCowan Road from Bullock Drive to South Unionville Avenue

- McCowan Road and Heritage Road

- Highway 7 – east and west of McCowan Road

8:30 p.m. to 11:30 p.m.

- McCowan Road north of South Unionville Avenue. (3.5)

42-2010 Commissioner of Development Services – Providing an update with respect to the zoning application submitted by Ninth Line Developments Limited and Humbold Properties Limited, west of Donald Cousens Parkway and south of Major Mackenzie Drive. (10.5)

(By-laws 2010-117 and 2010-118)

Memo+By-law

43-2010 Michelle Irwin, General Manager, Markham Fair - Requesting an approval from the Town of Markham to close Elgin Mills Road between Highway 48 and McCowan Road to facilitate the Markham Fair as follows:

- September 30 to October 2, 2010 (Thursday-Saturday) (9:00 a.m.-10:00 p.m.)

- October 3, 2010 (Sunday) (9:00 a.m.-6:00 p.m.) (3.5)

CARRIED

10. PROCLAMATIONS

Moved by Councillor L. Kanapathi

Seconded by Councillor D. Hamilton

That Proclamation (1) be received and adopted.

(1) PROCLAMATIONS (3.4)

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

- Spina Bifida and Hydrocephalus Awareness Month (June 2010)

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

CARRIED

11. NEW/OTHER BUSINESSES

There were no new/other businesses considered by Council.

12. BY-LAWS

Council consented to add By-laws 2010-122 and 2010-123.

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

That By-law 2010-110 be amended to delete the following from Section 11.6.3 – Zoning By-law Holding Provisions:

That By-law 2010-110, as amended, By-laws 2010-111 to 2010-120, By-law 2010-122 and By-law 2010-123 be given three readings and enacted.

Three Readings

BY-LAW 2010-110 A by-law to adopt Official Plan Amendment No. 183 and Secondary Plan for the Langstaff Gateway Planning District.

(Item No. 2, Report No. 36)

BY-LAW 2010-111 A by-law to amend By-law 4-2000, being a by-law to appoint a Chief Administrative Officer (Delegate the release of easements to the Chief Administrative Officer).

(Item No. 5, Report No. 36)

BY-LAW 2010-112 A by-law to amend Traffic By-law 106-71 (All-way stop control at Royal Orchard Boulevard and the southbound ramp to Bayview Avenue).

(Item No. 6, Report No. 36)

BY-LAW 2010-113 A by-law to amend By-law 2005-104, a by-law to prohibit the use of land or the erection of buildings unless municipal services are available (To streamline the approval and building process for site plan applications).

(Item No. 1, Report No. 37)

BY-LAW 2010-114 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Flato Acquisitions Inc. (Wismer Green), Block 161, Plan 65M-3633 and Block 32, Plan 65M-3988, southwest of Major Mackenzie Drive East and Mingay Avenue).

BY-LAW 2010-115 A by-law to amend By-law 2009-100, a by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Neamsby Investments Inc. (Monte Carlo Inn), 7255 Warden Avenue, Part of Block 16, Plan M-1915, designated as Part 9, Plan 65R-31689; Part of Block 16, Plan M-1915, designated as Part 5, Plan 65R-26070; and Part of Block 16, Plan M-1915, designated as Part 1, Plan 65R-32141)

BY-LAW 2010-116 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list for Enforcement Officers, Parking Enforcement Agencies and Tagging Locations).

BY-LAW 2010-117 A by-law to amend Zoning By-law 304-87, as amended (Ninth Line Developments Ltd. and Humbold Properties, Part of Lot 19, Concession 8, 19TM-02013 (Phase 3) – To delete the lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit a residential plan of subdivision).

(Communication No. 42-2010)

BY-LAW 2010-118 A by-law to amend Zoning By-law 177-96, as amended (Ninth Line Developments Ltd. and Humbold Properties, Part of Lot 19, Concession 8, 19TM-02013 (Phase 3) – To permit a residential plan of subdivision).

(Communication No. 42-2010)

BY-LAW 2010-119 A by-law to amend Zoning By-law 304-87, as amended (Greensborough North, south of Major Mackenzie Drive, between Donald Cousens Parkway and GO Transit Rail Corridor, 19TM-06009 - To delete the lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit a residential plan of subdivision).

(Item No. 6, Report No. 68, 2009)

BY-LAW 2010-120 A by-law to amend Zoning By-law 177-96, as amended (Greensborough North, south of Major Mackenzie Drive, between Donald Cousens Parkway and GO Transit Rail Corridor, 19TM-06009 - To permit a residential plan of subdivision).

(Item No. 6, Report No. 68, 2009)

BY-LAW 2010-122 A by-law to amending by-law 88-76, as amended (Little Treasures Pre-school Inc., 50 Anderson Avenue – To add a day nursery to the list of permitted uses and restrict the permitted use to a maximum floor area of 330 m²).

(Item No. 2, Report No. 37)

BY-LAW 2010-123 A by-law to adopt Official Plan Amendment 184 [Technical Amendment – To incorporate No. 13 to the Thornhill Secondary Plan (PD) 3-1) for the Thornhill Planning District (Planning District No. 3)]

(Item No. 2, Report No. 36)

CARRIED

13. IN-CAMERA ITEMS

There were no in-camera items considered by Council.

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

That By-law 2010-121 be given three readings and enacted.

Three Readings

BY-LAW 2010-121 A by-law to confirm the proceedings of the Council meeting of June 8, 2010.
(Council Meeting No. 10)