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                                                                                                                       January 20, 2009

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 1

 

ROLL CALL

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

 

REGRETS

Regional Councillor T. Wong, Councillor E. Shapero

 

 

 

The Regular Meeting of Council was held on January 20, 2009 at 7:02 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

B. Librecz, Commissioner of Community & Fire Services

J. Carnegie, Director of Communications and Community Relations

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

A. Brouwer, Deputy Town Clerk

D. Flaherty, Manager of Communications

A. Tari, Committee Clerk

J. Wong, Technology Support Specialist

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        There were no disclosures of pecuniary interest.

 

 


 

2.         MINUTES

 

(1)        COUNCIL MINUTES - DECEMBER 16, 2008

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the Minutes of the Council Meeting held on December 16, 2008 be adopted.

 

CARRIED

 

 

3.         PRESENTATIONS

 

(1)        CANADA-ONTARIO AFFORDABLE
            HOUSING PROGRAM IN MARKHAM (12.2.6)

 

Mayor F. Scarpitti noted the recent announcement with respect to the development of 120 new affordable housing units in the Town of Markham under the Canada-Ontario Affordable Housing Program.  The development is participated by all levels of government and sponsored by the Markham Interchurch Committee for Affordable Housing (MICAH).

 

 

(2)        ANNUAL TONY ROMAN MEMORIAL HOCKEY TOURNAMENT (12.2.6)

 

Mayor F. Scarpitti, on behalf of Council, thanked Regional Councillor G. Landon and all those who have contributed to the success of the Annual Tony Roman Memorial Hockey Tournament.  Regional Councillor Landon acknowledged his Executive Assistant Elsa Fiorino and Rob Bell, Facility Co-ordinator, Thornhill/Clatworthy, for their assistance with the tournament.

 

 

(3)        TORONTO PARAGON LION'S CLUB (12.2.6)

 

Councillor Chiu thanked Mayor F. Scarpitti for his participation in raising over $5,000 for the Toronto Paragon Lion’s Club.

 

 

 

4.         DELEGATIONS

 

There were no delegations.

 

 


 

5.         PETITIONS

 

There were no petitions.

 

 

 

6(a)      REPORT NO. 1 - GENERAL COMMITTEE (January 12, 2009)

 

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

 

That Report No. 1 - General Committee comprised of 9 items be received and adopted.

 

(1)        AWARD OF CONTRACT 063-S-08
            PURCHASE OF ONE (1)
            ICE RESURFACING MACHINE
            AND PARTS AND MAINTENANCE FOR ICE
            RESURFACING MACHINES (7.12.3)

            Report

 

That the report entitled “Award of Contract 063-S—08 Purchase of One (1) Ice Resurfacing Machine Parts and Maintenance for Ice Resurfacing Machines be received; and,

 

That the tendering process be waived in accordance with Purchasing By-law 2004-341, Part II, Section 7 (1) (e) “where the Town is acquiring specialized equipment”; and,

 

That the purchase on one (1) ice resurfacing machine be awarded to Frank J. Zamboni & Co., Ltd. In the amount of $91,026.80 inclusive of PST and Transportation and exclusive of GST; and,

 

That funding for the purchase on one (1) ice resurfacing machine for the Angus Glen Community Centre (twin pad arena) be funded from the 2008 Fleet capital account 057 6150 8105 005 (Corp Fleet Replacement); and,

 

That the Town’s preferred supplier for ice resurfacing machine for the next (5) years continue to be Frank J. Zamboni & Co. Ltd; and,

 

That Frank J. Zamboni & Co. Ltd. be the vendor of choice for the next (5) years to provide parts and maintenance for ice resurfacing machines for the Recreation and Cultural Services Department in the estimated amount of $36, 000.00 per annum as identified in the respective operating accounts identified on pg. 3 Table B (Account Details – Maintenance); and,

 

That Ice re-surfacing vehicle # 520 -5766 be disposed of in accordance with Purchasing By-law 2004-341, Part V Disposal of Personal Property; and further,


 

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

 

CARRIED

 

 

(2)        LIBRARY OVERDUE FINE INCREASE (7.0)

            Report

 

That Council approves the increase of Library overdue fines from $0.25/item/day to $0.30/item/day; and,

 

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

 

CARRIED

 

 

(3)        INCREASE IN PARKING FINE AMOUNTS (7.0)

            Report     1

 

That the report entitled “Increase in Parking Fine Amounts” be received; and,

 

That Staff be directed to apply to the Regional Senior Justice of the Ontario Court of Justice (Provincial Division) for setting of the proposed fines amounts; and,

 

That the 2009 Operating Budget Revenue Account for Parking Fines be increased by $90,000 in 2009 and by $125,000 in 2010; and further,

 

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

 

CARRIED

 

 

(4)        RECREATION USER FEE UPDATES (7.0)

            Report

 

That the report entitled User Fees Update be received; and,

 

That additional fee increases be considered for recreation services as presented in the report; such that all fees for services within the Town of Markham rest within at least the 50th to 60th percentile of municipalities within the Greater Toronto Area with the projected increase of approximately $88,947; and,


 

That the above noted fee increases be completed in 2009 as an initial step in development of a full and comprehensive pricing strategy that will explore pricing methodologies; pricing elasticity; program service delivery standards; subsidy and accessibility programs; and development of thorough cost recovery strategies; such that the full pricing strategy be developed and completed as part of the Integrated Leisure Services Master Plan; and,

 

That By-law 2002-276, a by-law to impose fees and charges for services or activities provided or done by the Town of Markham, be amended to reflect the new rates; and,

 

That notice to the public be provided in accordance with Procedural By-law 2001-1, a by-law to govern the proceedings of Council and Committees of Council; and further,

 

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

 

CARRIED

 

 

(5)        FITNESS INITIATION FEES (7.0)

            Report

 

That the report entitled Fitness Initiation Fees be received; and,

 

That the Town of Markham move toward a formal initiation fee when joining one of the Town operated fitness facilities, consistent with industry standard; and,

 

That Council endorse an increase in the one time initiation fee to $90.00 annually, from the current $62.50 per person, representing an increase of approximately $23,061 on an annualized basis; and,

 

That Council endorse an increase in the one time initiation fees to $120.00 annually for adult non-resident from the current $26.00 per person, with a projected increase of approximately $2,475 on an annualized basis; and,

 

That there is no initiation fee for students and senior (age 65+) membership categories, again consistent with industry standard; and,

 

That this initiation fee takes affect March 1, 2009; and,

 

That By-law 2002-276, a by-law to impose fees and charges for services or activities provided or done by the Town of Markham, be amended to reflect the new rates; and,

 

That notice to the public be provided in accordance with Procedural By-law 2001-1, a by-law to govern the proceedings of Council and Committees of Council; and further,

 

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

 

CARRIED


 

 

(6)        E3 INITIATIVE – INCREASED USER FEES (TAX RELATED) (7.0)

            Report

 

That the report “E3 Initiative – Increased User Fees” be received; and,

 

That effective for the 2009 tax year, Council approve an increase in the administrative fee for new tax accounts from $50 to $60; and,

 

That effective March 1, 2009, Council approve the implementation of an “expedited” tax certificate fee in the amount of $65; and,

 

That By-law 2002-276, a by-law to impose fees and charges for services or activities provided or done by the Town of Markham, be amended to reflect the new fees; and,

 

That notice to the public be provided in accordance with Procedural By-law 2001-1, a by-law to govern the proceedings of Council and Committees of Council; and further,

 

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

(By-law 2009-1)

 

CARRIED

 

 

(7)        E3 INITIATIVE - PROPERTY TAX INSTALMENTS (7.0)

            Report

 

That the report “E3 Initiative – Property Tax Installments” be received; and,

 

That Council approve changing the due dates for each of the three final tax installments from the third week to the 5th day of each respective month, effective for the final tax billing for the 2009 tax year;  and further,

 

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

 

CARRIED

 

 

(8)        USER FEES & SERVICE CHARGES INCREASE (7.0)

            Report

 

That the report dated January 12, 2009 entitled “User Fees & Service Charges Increase” be received; and,


 

That all applicable User Fees & Service Charges (within By-law 2002-276) be increased to reflect the change in the Consumer Price Index of 3.7% (Toronto All Items September 2007-2008) and rounded to the nearest half dollar; and,

 

That all applicable License Fees (within By-law 2002-284) be increased to reflect the change in the Consumer Price Index of 3.7% (Toronto all items September 2007-2008) and rounded to the nearest half dollar; and,

 

That the increases in the User Fee & Service Charges and License Fees will be effective March 1st, 2009; totalling approximately $87, 500 ($105,000 annualized) to be included in the 2009 Operating Budget; and,

 

That the Director of each respective department be authorized to set future increases annually based on the change in the Consumer Price Index (Toronto All Items September – September) with such increases effective January 1 and rounded to the nearest half dollar; and,

 

That By-law 2002-276, a by-law to impose fees and charges for services or activities provided or done by the Town of Markham, be amended to reflect the increase in rates; and,

 

That By-law 2002-284, a by-law to impose fees and charges for licenses provided by the Town of Markham, be amended to reflect the increase in rates; and,

 

That notice to the public be provided in accordance with Procedural By-law 2001-1; a by-law to govern the proceedings of Council and Committees of Council; and further,

 

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

(By-laws 2009-2 and 2009-3)

 

CARRIED

 

 

(9)        QUALITY MANAGEMENT SYSTEM
MANAGEMENT REVIEW OUTCOMES (5.6)

            Report     1     2

 

That the report “Quality Management System Management Review Outcomes” be received; and,

 

That Council, as the Owner of the Town’s Drinking Water System acknowledges and supports the outcomes identified from this Management Review; and,

 

That Council, as the Owner of the Town’s Drinking Water System directs staff to apply for Full Scope accreditation when submitting for the Town’s Drinking Water Works Permit, Municipal Drinking Water License and the Town of Markham Water System Operational Plan; and further,

 

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

 

CARRIED


 

 

 

6(b)      REPORT NO. 2 - GENERAL COMMITTEE (January 19, 2009)

 

Moved by Councillor J. Virgilio

Seconded by Councillor J. Webster

 

That Report No. 2 - General Committee comprised of 3 items be received and adopted.

 

(1)        QUALITY MANAGEMENT SYSTEM
IMPLEMENTATION PURCHASE
ORDER INCREASE (5.6)

            Report

 

That the report “Quality Management System Implementation Purchase Order Increase” be received; and,

 

That approval be granted for Purchase Order D7-00215 to Delcan Corporation be increased by $150,000; and,

 

That funds for this project be drawn from the 2008 capital budget account 53-5399-8277-005 QMS Implementation; and further,

 

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

 

CARRIED

 

 

(2)        ESTABLISHMENT OF THE
MARKHAM CENTRE
SUB-COMMITTEE (MCS) (16.24)

            Report     Terms of Reference

 

That the report entitled “Establishment of the Markham Centre Sub-Committee (MCS)” be received; and,

 

That Council endorse the Markham Centre Sub-Committee (MCS) Terms of Reference (attached); and,

 

That Regional Councillor Tony Wong, Regional Councillor Jim Jones, Councillor Joseph Virgilio, Councillor Dan Horchik and Councillor Alex Chiu, be appointed to the Markham Centre Sub-Committee for the term ending November 30, 2010; and further,

 

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

 

CARRIED

 


 

(3)        GOOD JOBS / GREEN JOBS
NATIONAL CONFERENCE:
MAKING A DOWN PAYMENT
ON THE GREEN ECONOMY (16.23)

            Flyer

 

That Council authorize Councillor E. Shapero to attend the “Good Jobs / Green Jobs National Conference: Making a Down Payment on the Green Economy” conference, to be held February 4 through 6, 2009 in Washington, DC and funded from the Economic Development Travel Account (610-998-5201).

 

CARRIED

 

 

 

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE (January 20, 2009)

 

Moved by Councillor J. Webster

Seconded by Councillor L. Kanapathi

 

That Report No. 3 - Development Services Committee comprised of 1 item be received and adopted.

 

(1)        REGION OF YORK
            SOUTHEAST COLLECTOR (5.10)

 

That the presentation provided by Mr. Wayne Green, Region of York, Senior Project Manager, Environmental Services regarding Region of York Southeast Collector, be received; and,

 

That staff be directed to send a letter to the Ministry of Environment endorsing the York Region Southeast Collector Trunk Sewer final Environmental Assessment report, subject to the conditions to be outlined by Town staff and including the following matters discussed by Development Services Committee:

  • Coordination of engineering works and traffic control impacts, in consultation with Town engineering staff;
  • Obtaining site plan control approval from the Town for any permanent structure, including the proposed corrosion control facility;
  • Addressing any impacts on Town property, such as easements across Town parkland or road allowances, to the satisfaction of the Town;
  • Provision of a Well monitoring and mitigation plan and a public contact/coordination process for dealing with any impacts on area wells;
  • The Environmental enhancement programs to be coordinated with the Town of Markham and the Rouge Alliance;
  • Odour Control Facility,  required in easterly section of corridor and currently proposed in the vicinity of Altona Road, be located and designed to mitigate any impact on area residents; and further,

 

That the Rouge Park Implementation Task Force Final Report  dated November 25, 2008 (draft document released for comment by Markham Council on December 16, 2008) be forwarded to the Region of York and Ministry of the Environment for consideration relative to the proposed enhancement program for Bob Hunter Park .

 

CARRIED

 

 

 

7.         MOTIONS

 

There were no motions.

 

 

 

8.         NOTICES OF MOTIONS

 

There were no notices of motions.

 

 

 

9.         COMMUNICATIONS

 

Moved by Regional Councillor G. Landon

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

1-2009             Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Fu Jian Seafood Restaurant Inc., 4080 Steeles Avenue East, Units 3, 4 and 5A (New indoor licence for existing premises). (3.21)

                        Info

 

2-2009             Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Jazz Pizza Restaurant, 8141 Yonge Street (New indoor licence for existing premises). (3.21)

                        Info

 

CARRIED

 

 


 

10.       PROCLAMATIONS

 

There were no proclamations.

 

 

 

11.       NEW/OTHER BUSINESS

 

There was no new/other business.

 

 

 

12.       BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

 

That By-laws 2009-1 to 2009-7 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2009-1        A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Tax related user fees).
(Item 6, Report No. 1, 2009)

                                    By-law

 

BY-LAW 2009-2        A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Update fees to reflect the change in the Consumer Price Index).
(Item 8, Report No. 1, 2009)

                                    By-law

 

BY-LAW 2009-3        A by-law to amend By-law 2002-284, a by-law to establish licence fees for the Town of Markham (Update fees to reflect the change in the Consumer Price Index).
(Item 8, Report No. 1, 2009)

                                    By-law

 

BY-LAW 2009-4        A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update the list for officers and tagging locations)

                                    By-law


 

BY-LAW 2009-5        A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 349 &, Plan 65M-3888 - White’s Hill Avenue; Block 350, Plan 65M-3888 - Limestone Street; Blocks 351, 354, 355, 356 & 368, Plan 65M-3888 - Shady Oaks Avenue; Blocks 360 & 377, Plan 65M-3888 - John Allan Cameron Street; Block 374, Plan 65M-3888 - Rock Garden Street; Blocks 375 & 376, Plan 65M-3888 - Lane “H”; Block 370, Plan 65M-3888 - Lane “F”; Block 175, Plan 65M-4014 - Lane “W”; Block 178, Plan 65M-4014 - Cornell Rouge Boulevard; Block 181, Plan 65M-4014 - John Allan Cameron Street; Block 182, Plan 65M-4014 - Lane “V”; Block 185, Plan 65M-4014 - Albert Lewis Street).

                                    By-law

 

BY-LAW 2009-6        A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Laurier Homes (Windsong North), Lots 2 to 6, Plan 65M-4092, south of Major Mackenzie Drive, east of Ralph Chalmers Avenue)

                                    By-law

 

BY-LAW 2009-7        A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Aspen Ridge Homes (Upper Cornell Homes Ltd.), Lots 4 to 9, 19 and 20 and Blocks 29 and 30, Plan 65M-4063, north of 16th Avenue, east of 9th Line).

                                    By-law

 

CARRIED

 

 

 

13.       IN-CAMERA ITEMS

 

Moved by Regional Councillot G. Landon

Seconded by Councillor D. Horchik

 

That Council report the following Item (1) from in-camera agenda:

 

REPORT OF DEVELOPMENT SERVICES COMMITTEE - January 13, 2009

 

(1)        PROPERTY ACQUISITIONS FOR
            WOODBINE AVENUE BYPASS PHASE III (8.6)

 

That the confidential report entitled “Property Acquisitions for Woodbine Avenue Bypass Phase III” be received; and,

 

That Staff be authorized and directed to take the actions necessary to give effect to this report.

 

CARRIED

 


 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That Council report the following Item (2) from in-camera addendum agenda:

 

REPORT OF GENERAL COMMITTEE - January 19, 2009

 

(2)        CANADIAN SPORTS INSTITUTE OF
            ONTARIO AND PAN AM COMMITMENTS (6.1)

 

That the confidential report titled “CSIO and PAN AM Commitments” be received; and,

 

That Council support a Canadian Sports Institute Ontario (CSIO) Facility in the Town of Markham; and,

 

That Council support a bid for the PAN AM Games; and,

 

That Council support hosting Aquatics and Fieldhouse venues for the PAN AM Games at the CSIO Facility; and,

 

That staff be directed to negotiate with the Province and CSCO on Capital Costs and Operating Models and report back results to Council; and,

 

That Council’s approval be conditional upon reaching mutually agreeable terms with the Province, Canadian Sports Centre Ontario (CSCO) and any additional partners on total capital costs and operating models; and,

 

That the Mayor submit a letter of intent to the PAN AM Games Bid Committee expressing the Town of Markham’s desire to locate the CSIO within the Town of Markham and use this facility as a venue for Aquatics and Fieldhouse events during the PAN AM Games; and further,

 

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

 

CARRIED

 

 


 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

That By-law 2009-8 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2009-8        A by-law to confirm the proceedings of the Council meeting of January 20, 2009.
(Council Meeting No. 1, 2009)

                                    By-law

 

CARRIED

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 7:17 p.m.

 

 

 

 

 

 

 

___________________________________           _____________________________________

ANDREW BROUWER                                            FRANK SCARPITTI

DEPUTY TOWN CLERK                                       MAYOR

 

 

(Signed)

 

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