M I N U T E S

GENERAL COMMITTEE

Finance & Administrative Issues                                                              Community Services Issues

Chair:                                      Councillor J. Virgilio                                    Chair:                           Councillor A. Chiu

Chair, Budget Sub-Ctte:      Councillor D. Horchik                                  Transportation Issues

Chair: IT Sub-Ctte:               Reg. Councillor J. Jones                              Chair:                           Reg. Councillor G. Landon

Chair: Grants Sub-Ctte:       Councillor V. Burke                                      Environment & Sustainability Issues

                                                                                                                        Chair:                           Councillor E. Shapero

                                                                                                                       

 

Attendance

 

Mayor F. Scarpitti Regional Councillor J. Jones Regional Councillor J. Heath Regional Councillor T. Wong Regional Councillor G. Landon Councillor V. Burke Councillor. E. Shapero Councillor J. Virgilio Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu

J. Livey, Chief Administrative Officer C. Conrad, Town Solicitor A. Taylor, Commissioner of Corporate Services J. Baird, Commissioner of Development Services S. Birrell, Town Clerk B. Cribbett, Treasurer A. Seabrooke, Director, Strategic Services P. Loukes, Director, Operations S. Andrews, Director, Asset Management D. Taylor, Manager, Executive Operations M. West, Manager, Strategic Initiatives F. Wong, Manager, Financial Planning J. Nelson, Manager, Development Finance B. Nanninga, Executive Assistant to Mayor & Council B. Labelle, Committee Clerk

 

The General Committee convened at the hour of 9:00 a.m. with Councillor E. Shapero in the Chair.

 

Councillor J. Virgilio assumed chair at 10:00 a.m.

 

Councillor E. Shapero assumed chair at 11:51 a.m.

 

 

DISCLOSURE OF INTEREST

None.

 

 

 

 

1.         BY-LAW REGARDING NON-ESSENTIAL USE
OF PESTICIDES (5.7)

 

Mr. M. Everard, Augusta National Inc., requested an exemption for cemeteries under the proposed By-law regarding the non-essential use of pesticides. He indicated that weed growth on cemetery grounds would be a major deterrent for business and would result in significant complaints from existing clients. The Committee discussed the possibility of including an exemption clause based on the cemetery’s compliance with an Integrated Pest Management (IPM) program. Staff noted that cemeteries are currently not exempted by the City of Toronto, but indicated that there was a policy in place that permitted the use of pesticides in cemeteries as a measure of last resort.    

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

That the presentation by Mr. M. Everard, Augusta National Inc., be received.

CARRIED

 

 

2.         2007 CANADIAN OPEN (6.4)

            Presentation

Mr. K. Thistle, General Manager, Angus Glen Golf Course, presented information regarding the 2007 Canadian Open event. Mr. J. Clark, Chairman, Royal Canadian Golf Association and Mr. B. Paul, Canadian Open Tournament Director, were also in attendance and commended the Town of Markham Council and Staff for their assistance with coordination of the event. They also presented details on the tournament structure, advised of recent amendments made to the course by Davis Love III and provided an estimate of the anticipated attendance. The Committee discussed potential traffic issues relating to the event. The presenters advised that traffic flow would be similar to the previous year, but did not request a closure of Major Mackenzie Drive. It was also noted that additional police were hired for the day of the event to assist with traffic flow in and around the Angus Glen Golf Club.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the presentation by Mr. Kevin Thistle, General Manager, Angus Glen Golf Course, regarding the 2007 Canadian Open, be received.

CARRIED

 

 

 

3.         DEPUTATIONS REGARDING A PROPOSED BY-LAW TO REGULATE
            THE NON-ESSENTIAL USE OF PESTICIDES (5.7)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

That the deputations by Mr. C. Marr, Mr. B. Turner, Ms. D. Lodar, Mr. G. Forman, Ms. L, Atkinson and Ms. S. Merson in support of a By-law to regulate the non-essential use of pesticides be received;

 

And that the deputation by Ms. T. Yamada in support of an exemption clause for Golf Courses in Markham be received.

CARRIED

 

4.         2007 RESERVE STUDY UPDATE (7.0)

            Presentation

 

Staff presented information regarding the 2007 Reserve Study highlighting aspects such as the Asset Life Cycle, the Capital Reserve Fund and projected expenditures for the Town for the next twenty (20) years. The Committee posed questions relating to natural assets and their impact on projections. Staff advised of a forthcoming report from the engineering department that studies natural assets and how they may be implemented within the Asset Life Cycle. The Committee also discussed matters relating to Hydro dividends as well as the projected reserve balance.

 

Moved by Councillor D. Horchik

Seconded by Mayor F. Scarpitti

 

That the presentation delivered by Mr. F. Wong, Manager, Financial Planning, regarding the 2007 Reserve Study Update, be received.

 CARRIED

 

 

5.         MINUTES OF THE APRIL 20, 2007 MEETING OF THE
            VARLEY-McKAY ART FOUNDATION OF MARKHAM (16.0)

            Minutes

 

Moved by A. Chiu

Seconded by J. Webster

 

That the minutes of the April 20, 2007 meeting of the Varley-McKay Art Foundation of Markham be received.

CARRIED

 

 

6.         MINUTES OF THE MAY 2 AND MAY 14, 2007 MEETING OF THE
            MARKHAM MUSEUM BOARD (16.0)

            May 2     May 14

 

Moved by A. Chiu

Seconded by J. Webster

 

That the minutes of the May 2 and May 14, 2007 meetings of the Markham Museum Board be received.

CARRIED

 

 

7.         MINUTES OF THE MAY 23, 2007 PUBLIC INFORMATION
MEETING REGARDING PESTICIDES (16.0)

            Minutes

 

It was noted that Councillor J. Virgilio’s name should be added to the meeting minutes.

 

Moved by A. Chiu

Seconded by J. Webster

 

That the minutes of the Public Information Meeting regarding Pesticides held on May 23, 2007 be received as amended to include Councillor J. Virgilio’s name in attendance.

CARRIED

 

 

8.         CANCELLATION, REDUCTION OR REFUND OF TAXES UNDER
SECTIONS 357 AND 358 OF THE MUNICIPAL ACT, 2001 (7.1)

            Report

 

There was deliberation as to whether future matters relating to the cancellation, reduction or refund of taxes should be dealt with in as an In Camera discussion. Members requested clarification on gross manifest errors.

 

Moved by Councillor E. Shapero

Seconded by Regional Councillor J. Heath

 

That residential taxes totalling $494,104.00 be adjusted under Section 357 (in the amount of  $355,680.21) and Section 358 (in the amount of  $138,423.79) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $123,971.46.

 

And that the associated interest be cancelled in proportion to the tax adjustments;

 

And that the Treasurer be directed to adjust the Collector’s Roll accordingly;

 

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

9.      ADVISORY COMMITTEE/BOARD
APPOINTMENTS (16.24)

 

Moved by A. Chiu

Seconded by J. Webster

That Mr. Michael Khan be appointed to the Markham Advisory Committee on Accessibility for a term to expire November 30, 2010;

And that the following individuals be appointed to the Markham Conservation Committee for a term to expire November 30, 2010:

 

• Brent Mersey
• Lloyd Helferty
• Lisa Wilson
• Samuel Yip
• Serena Chin
• Christopher Sauer
• Justin Chin

 

And that the resignation of Mr. Tom Allan from the Markham Theatre Advisory Board be accepted with regret.

CARRIED

 

 

10.    MARKHAM FOOD BANK: REQUEST FOR FUNDING (7.0)

            Report     1

 

The Committee discussed a request submitted by the Markham Food Bank for a grant in the amount of $8,925 to cover 50% of their lease expenses for the period of April 1, 2007 to March 31, 2008. There was discussion regarding the policy with respect to funding social service agencies. Staff agreed to review whether previous subsidies were granted to social service agencies and report back to Committee Members. Members agreed that the request should be considered as part of the annual operating budget process.

 

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

 

That the report entitled “Markham Food Bank: Request for Funding” be received

 

And that the Markham Food Bank be given a one-time grant in the amount of $8,925 to cover 50% of their gross lease expenses for the period of April 1, 2007 to March 31, 2008;

 

And that the grant of $8,925 be funded from the Corporate Contingency Account #84841-7849;

 

And that an annual grant to the Markham Food Bank be considered as part of the annual operating budget process;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

11.    EXTENSION OF CONTRACT 032-R-05, WASTEWATER COLLECTION
   SYSTEM REHABILITATION AND MAINTENANCE ON VARIOUS
   STREETS (5.1)

            Report 

 

The Committee discussed various issues with respect to this contract. Staff advised that they would follow up the matter and report back at the June 26, 2007 meeting of Council.

 

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

 

That the report entitled “Extension of Contract 032-R-05, Wastewater Collection System Rehabilitation and Maintenance on Various Streets” be deferred to the Council meeting on June 26, 2007.

CARRIED

 

 

12.       AWARD OF TENDER 029-T-07 ROUTINE & EMERGENCY SEWER
AND WATERMAIN REPAIRS (5.4)

Report      1

 

The Committee expressed concerns regarding the disparity in bid amounts submitted by applicants for this project. There was also discussion on the potential allocation of remaining funds available in the Operating Budget. Staff advised that they will be bringing forward a list of upcoming projects.

 

Moved by Councillor E. Shapero

Seconded by Councillor L. Kanapathi

 

That the report entitled “Award of Tender 029-T-07 Routine & Emergency Sewer and Watermain Repairs” be received;

 

And that tender 029-T-07 for Routine & Emergency Sewer and Watermain Repairs be awarded to the lowest priced bidder, Finch Paving (1993) Inc. for an estimated contract value totalling $2,866,899.60 exclusive of GST, for a period of four (4) years;

 

And that funds for this contract for the 2007 period (July to December) be drawn from the 2007 Operating Budget Accounts as listed in Appendix ‘A’ in the amount of $359,830, exclusive of GST;

And that the following 2008-2010 estimated costs be provided for within the respective years budget submission for the Waterworks Department;

 

• 2008                $790,972.12
• 2009                $834,800.16
• 2010                $881,297.32

 

And that the remaining balance be applied to other waterworks projects;

 

And that staff be authorized and directed to do all things necessary to give effect to this resolution;

 

And that staff bring forward a list of upcoming projects to a forthcoming meeting of the General Committee for approval.

CARRIED

 

13.    PROCEDURAL BY-LAW GOVERNING THE DELEGATION OF
AUTHORITY TO REAL PROPERTY MATTERS (8.7)

Report     1

 

The Committee expressed concerns regarding the delegation of authority regarding real property matters to the Chief Administrative Officer (CAO). Staff advised that the request was made in order to create efficiencies when dealing with routine real estate transactions that involve very little financial impact or controversy. Staff indicated that complex transactions would continue to come before Council for approval. The Committee recommended that a memorandum should be circulated to all Members of Council prior to a transaction being completed under the authority of the CAO.

 

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

 

That the report entitled “Procedural By-law Governing the Delegation of Authority to Real Property Matters” be received;

 

And that approval for the acquisition, disposition, lease or license of real property that do not contravene the objectives of Council be delegated to the Chief Administration Officer or designate, within the limitations set out in this report;

 

And that a memorandum be circulated to all Members of Councillor prior to any action being undertaken by staff;

 

And that, as a result, staff not report to Council on a bi-annual basis;

 

And that Council enact a By-law to provide for the delegation of authority for those real property matters set out in the draft By-law attached to this report;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

14.    ANGUS GLEN OVERNIGHT PARKING PERMIT PROGRAM (2.17)

Report

 

The Committee commended the efforts of Ms. S. Birrell, Town Clerk, and Mr. B. Wiles, Manager, By-law Enforcement and Licensing, in bringing forward an overnight parking permit program for Angus Glen. Members advised that a policy regarding the exemption of fees for persons on disability assistance was referred to the Markham Advisory Committee on Accessibility for comments.

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor G. Landon

 

That the report entitled “Angus Glen Overnight Parking Permit Program” be received;

 

And that the Parking Control By-law be amended to permit overnight parking within the Angus Glen Subdivision subject to a fee of $30.00 per month for each vehicle;

 

That Staff report back on the hiring of additional parking officers to enforce overnight permit parking throughout the Town of Markham;

 

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

15.    REPORT ON PESTICIDE BY-LAW REGULATING THE
   NON-ESSENTIAL USE OF PESTICIDES (5.7)

            Report      By-law     1

 

Staff highlighted details of the proposed By-law regulating the non-essential use of pesticides noting recent amendments to the matter of infestation control. The Committee discussed the ‘Action Thresholds’ listed as a Schedule to the proposed By-law and requested clarification regarding the use of pesticides when Grubs or Chinch Bugs are found on a lawn. Members also discussed the City of Toronto’s policy which authorizes cemeteries to spray pesticides in order to combat infestation as long as they are in compliance with a reporting mechanism established by the City. Staff agreed to review and report back on the possible inclusion of a reporting mechanism for those exempted under the By-law.

 

The Committee posed several questions in relation to Integrated Pest Management Accreditation (IPMA), its definition under the proposed By-law and how it will relate to golf courses, lawn bowling clubs and hydro and transportation corridors. Members also discussed the possibility of encouraging all new and existing golf courses and lawn bowling clubs in Markham to comply with the Audubon program. Staff advised that an education and communications program encouraging Audubon compliance could be directed through the Town’s ‘Green Print’ initiative. The Committee also discussed the proposed exemption for Hydro One and transportation corridors. Staff noted that the exemption was also based on compliance with an IPM program.  

 

There was discussion regarding a possible restriction of spraying pesticides within a specified proximity of a school and/or day-care facility. There was also discussion with respect to the use of pesticides in the event that a Cinch Bug and/or Grub threshold is met. Members deliberated as to whether residents should be permitted to spray all lawns on their property or whether they should restrict the application of pesticides to the area in which the infestation was identified. Staff advised that the proposed By-law did not prevent residents from spraying all lawns upon the detection of Cinch Bugs and/or Grubs, but that the matter could be addressed by way of the education and awareness program that will be initiated to compliment the By-law. The Committee also expressed further concerns regarding the detection of Cinch Bugs and/or Grubs and whether an accredited IPM specialist should be contracted to make the determination. The possible licensing by the Town of landscaping contractors with IPM Accreditation was noted by Staff to be a possible option.   

 

There was unanimous consent from Members that By-law Enforcement Staff should not respond to complaints nor provide cautionary instruction to property owners with respect to the By-law until it comes into effect on January 1, 2008. 

 

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Heath

 

That the report entitled “Report on Pesticide By-law Regulating the Non-Essential Use of Pesticides” be received;

 

That Council enact the By-law attached as Appendix 1 to this report to regulate the non-essential use of pesticide on public and private property;

 

That funding from the Pesticide Education account # 730 998 4238 (approximately $30,000) and any remaining funds from the account for a moderator #77 5399 6808 005 (approximately $3,000) to be used for an education program on the By-law and alternative lawn care practices in 2007;

 

That a Committee be formed with representatives from Operations, Strategic Services, Communications departments and include the Chair of the Markham Environmental Issues Committee, and the Chair of the Markham Communications Committee to direct an education and communications program;

 

And that funding in the amount of $100,000 be pre-approved for the 2008 capital budget for a comprehensive education/communications program;

 

And that Item 2(b), xiii within the proposed By-law be amended to add “…and that all records be submitted to the Town Clerk on an annual basis.” to the end of the paragraph;

 

And that Item 2(b), xiv; “To control vegetation growth within a hydro transmission station or hydro corridor provided such use or application is permitted only under the direction of an IPM Accredited Agent” be deleted;

 

And that staff explore opportunities to disseminate information the Town currently has on the matter of maintaining a healthy lawn without the use of pesticides;

 

And that a letter of thanks be forwarded to all current members of the Pesticide Reduction Steering Committee; 

 

*That the annual pesticide audit documentation and resulting reports be forwarded to Council, in a summary report, annually;

 

*And That Mr. Frank Reddick of Turf Logic Inc. be invited to attend a General Committee meeting in September, 2007, to make a deputation regarding the pesticide by-law’s treatment of grubs and chinch bugs; and, that subsequent to this deputation, staff be requested to report back to the General Committee on the issue.

 

And that staff be directed to do all things necessary to give effect to this resolution.

*As amended by Council on June 26, 2007

 

16.    CANADIAN SPORTS INSTITUTE (3.0)

            Report    1

 

Staff presented a brief highlight of the proposal to develop a Canadian Sports Institute in the Town of Markham. The Committee discussed proposed parking requirements and future road development adjacent to the facility. There was also brief discussion with respect to the partnerships involved in the initiative.

 

Moved by Deputy Mayor J. Jones

Seconded by Regional Councillor J. Heath

 

That the report titled “Canadian Sports Institute” be received;

 

And that Council endorses, in principle, the hosting of CSIO facility in Markham;

 

And that the Town of Markham support, in principle, a cash contribution of $55.5 million, in-kind contributions with a value of $13 million (projected for 10 years), which includes land at $7 million and Municipal property tax avoidance of $6 million, subject to confirmation of financial commitments from other levels of government and stakeholders;

 

And that additional $100,000 be provided to support any further analysis, to be funded from the Corporate Stabilization Reserve;

 

And that authorization be granted for the Town, in conjunction with the CSCO, to approach the Federal and Provincial governments and other potential stakeholders for financial and non-financial support;

 

And further that CSIO steering committee staff report back to General Committee on an ongoing basis with progress.

CARRIED

 

 

17.       COMMUNICATIONS REGARDING REPORT ON
PESTICIDE BY-LAW REGULATING
THE NON-ESSENTIAL USE OF PESTICIDES (5.7)

            Communication

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

 

That letters from Mr. S. Orrico, Ms. L. Avenus, Ms. J. Burkholder, Ms. A. M. Havery, and Ms. N. Dhanani to Ms. S. Birrell, Town Clerk, regarding the matter of a proposed Pesticide By-law regulating the non-essential use of pesticides be received.

CARRIED

 

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Moved by Mayor F. Scarpitti

Seconded by Councillor D. Horchik

 

That the Committee resolve in-camera to discuss confidential property, legal and personnel matters (2:05 p.m.).

CARRIED

 

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

 

That the Committee rise and report. (3:00 p.m.)

CARRIED

 

 

 

18.       COMMUNITY AND FIRE SERVICES COMMISSION (11.0)

 

Moved by Mayor F. Scarpitti

Seconded by Deputy Mayor J. Jones

 

That interim responsibility for the Commissioner of Community and Fire Services be divided into two areas and that Mr. Peter Loukes be appointed as the director responsible for Operations and Water Works and Mr. Allan Seabrooke be appointed as the director responsible for Library Services, Fire Services, Recreation and Culture.

CARRED

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The General Committee meeting adjourned at the hour of 3:10 p.m.