1) That the report dated February 11, 2019 entitled “Whistle Cessation on Stouffville GO Line – Three Rural Crossings (Ward 5)” be received; and,
2) That the Mayor and Clerk be authorized to enter into agreements and/or a memorandum of understanding (as required) with Metrolinx and York Region for construction of crossing safety features and implementation of whistle cessation at three (3) rural crossings (Elgin Mills Road, 9th Line and 19th Avenue) on the Stouffville GO Line, in a form satisfactory to the City Solicitor and the Chief Administrative Officer (CAO); and,
3) That the Mayor and Clerk be authorized to enter into At-Grade Crossing Modification Agreements, Crossing Agreements or similar agreements (as required) with Metrolinx for modification of the existing crossings to incorporate new crossing safety features and to implement whistle cessation at three (3) rural crossings on the Stouffville GO Line, in a form satisfactory to the City Solicitor and the CAO; and,
4) That the Mayor and Clerk be authorized to enter into the Metrolinx Liability/ Insurance/Indemnity Agreement or similar agreement (as required), which requires the road authorities to obtain insurance and assume full responsibility/liability for any claims, damages, etc., resulting from incidents that arise from or would not have arisen but for whistle cessation, in a form satisfactory to the City Solicitor and the CAO; and,
5) That Schedule “A” to the City’s Train Whistle Cessation By-law 2018-19 be amended to include the Elgin Mills Road crossing and the 19th Avenue crossing; and,
6) That the Regional Municipality of York be requested to confirm 100% funding (budget:$43,159) and 100% liability for grade rail crossing at 9th Line (Regional Road 69), and requested to enter into an agreement or memorandum of understanding (as required) with the City of Markham and Metrolinx for construction of crossing safety features and implementation of whistle cessation at the 9th Line crossing, and enter into any additional necessary agreements with Metrolinx for implementation of whistle cessation at the 9th Line crossing; and,
7) That the Regional Municipality of York be requested to implement a 24-hour whistle cessation by-law for the 9th Line crossing; and,
8) That the Regional Municipality of York be requested to pass a Regional Council resolution for the implementation of whistle cessation for the 9th Line crossing; and further,
9) That Staff be authorized and directed to do all things necessary to give effect to this resolution.