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M I N U T E S

COMMITTEE OF THE WHOLE

2006-10-10

Canada Room

Meeting No. 16

 

Attendance

 

Deputy Mayor F. Scarpitti

Regional Councillor J. Heath

Regional Councillor J. Jones (6:00)

Regional Councillor B. O'Donnell

Councillor S. Daurio

Councillor J. Virgilio (5:25)

Councillor G. McKelvey

Councillor J. Webster

Councillor D. Horchik

Councillor K. Usman (5:35)

Councillor A. Chiu

 

 

 

J. Livey, Chief Administrative Officer

C. Conrad, Town Solicitor

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

J. Baird, Commissioner of Development Services

S. Andrews, Director, Asset Management

S. Birrell, Town Clerk

D. Ciastko, Senior Economic Development Officer

B. Cribbett, Treasurer

P. Loukes, Director, Operations

J. Lustig, Director of Financial and Client Services

M. Rebane, Manager, Corporate Communications

D. Taylor, Manger, Executive Operations

J. Tsien, Community Resource Coordinator

G. Walker, Senior Health & Safety Specialist

L. Wells, Manager, Programs

B. Wiles, Manager, Enforcement and Licensing

J. Wong, Technology Support Specialist

K. Bavington, Committee Clerk

 

 

The Committee of the Whole meeting convened at the hour of 5:05 p.m. with Deputy Mayor F. Scarpitti in the Chair.

 

DISCLOSURE OF INTEREST – None Declared

 

 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - SEPTEMBER 26, 2006 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That the minutes of the Committee of the Whole meetings (12:00 noon and 4:00 p.m.) held on September 26, 2006 be confirmed.

CARRIED


 

 

 

2.         PANDEMIC READINESS EMERGENCY PLAN (3.0 & 13.4.4)

             Presentation

 

Mr. D. Taylor, Manager, Executive Operations, provided a presentation regarding this matter.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

That the presentation by Mr. Don Taylor, Manager, Executive Operations, regarding Pandemic Readiness Emergency Plan be received

 

And that appreciation be expressed to Don Taylor, Glen Walker, Shayne Mintz, Janet Carnegie, and staff for their work on this project.

CARRIED

 

 

 

3.         ACTIVE 2010 PHYSICAL ACTIVITY PLAN (6.0)

              Presentation

 

Ms. L. Wells, Manager, Programs, and J. Tsien, Community Resource Coordinator, provided a presentation regarding this matter.

 

Moved by Councillor J. Webster

Seconded by Councillor K. Usman

 

That the presentation by Ms. Lori Wells, Manager, Programs, and J. Tsien, Community Resource Coordinator, with respect to Active 2010 Physical Activity Plan be received.

CARRIED

 

 

 

4.         ADVISORY BOARD/COMMITTEES APPOINTMENTS (16.24)

 

Moved by Councillor S. Daurio

Seconded by Councillor G. McKelvey

 

That the following resignations be accepted with regret and a letter of appreciation be forwarded:

  • Natalie Talsky - Markham Theatre Advisory Board
  • Romila Verma - Markham Conservation Committee
  • Basith Khan - Markham Race Relations Committee
  • Raza Sumar - Markham Race Relations Committee
  • Maria Pia Andrejin - Heritage Markham Committee (Markham Representative);

 

And that the above vacancies not be filled until vacancies in all of the advisory committee are considered later in the year;

 

And that Elizabeth Plashkes and Neil Kernaghan be appointed to the Varley-McKay Art Foundation of Markham.

CARRIED

 

 

 

5.         1648438 ONTARIO INC. (J. ADDISON SCHOOL)
            2 VALLEYWOOD DRIVE, OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENTS TO PERMIT
            A PRIVATE SCHOOL AND RESIDENCES
            (OP 05 011949, ZA 05 011972) (10.3, 10.5)

             Memo

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

 

That the memorandum dated October 10, 2006 from the Director of Planning and Urban Design providing an update regarding the proposed official plan and zoning by-law amendments submitted by 1648438 Ontario Inc. (J. Addison School) to permit a private school with accessory residences at 2 Valleywood Drive, be received;

 

And that the proposed amendment (Appendix A) to the Town's Official Plan be adopted and referred to the Region of York for approval;

 

And that the proposed amendment (Appendix B) to Zoning By-law 165-80, as amended, be enacted without further notice.

(By-laws 2006-284 and 2006-285)

CARRIED

 

 


 

6.         STAFF AWARDED CONTRACTS FOR
            THE MONTH OF SEPTEMBER 2006 (7.12)

              Report 

 

Committee requested that consideration be given to installation of garbage containers at major intersections.

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

That the report entitled "Staff Awarded Contracts for the Month of September 2006" be received.

 

CARRIED

 

 

 

7.         TAX WRITE-OFFS IN ACCORDANCE WITH
            SECTION 354 OF MUNICIPAL ACT (7.3)

             Report

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That taxes totalling $116,235.67 (includes penalty and interest estimated in the amount of $44,005.14) as set out in this report be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001;

 

And that the applicable penalty and/or interest charges be adjusted accordingly;

 

And that the Treasurer be directed to remove the taxes from the Collector’s Roll.

CARRIED

 

 

 

8.         EXTENDED DRIVEWAYS COMMUNICATIONS PLAN (10.5)

             Report Schedule A

 

Committee suggested communications be included with tax and/or water bills, and emphasized the importance of communicating with contractors as well as residents.

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That the Extended Driveways Communications Plan outlined in Schedule “A” be approved for implementation.

CARRIED


 

 

 

9.         ANIMAL CARE (2.8)

             Report  Terms of Ref Terms of Ref - Final 

 

Committee directed that the mandate be clarified to deal exclusively with household pets.

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

That Council approve the establishment of an Animal Care Committee to promote and ensure excellence and professionalism in animal care through continuing education, effective networking, mutual support and the enhancement of the ability to provide quality, cost effective services to our residents and care to the animals in our municipality;

 

And That the Committee be composed of a maximum of seven (7) persons:

·        Three Members of the Public

·        One Member of Council

·        One representative from the following organizations:

o       Action Volunteers for Animals

o       North Toronto Cat Rescue

o       Habitat Cat

 

And that the following resources be assigned to the Committee:

  • The Town Clerk (or alternate)
  • Senior Animal Control Officer (or alternate)
  • A voluntary veterinarian

 

And that the Mandate of the Animal Care Committee be revised to exclusively handle household pets and feral cats.

 

CARRIED

 

 


 

10.       ROBINSON STREET LANEWAY SANITARY SEWER SYSTEM (5.5)

             Report  Att A  Att B

 

Committee noted that information is still pending regarding the number of septic tanks in the area.

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

That the report entitled “Robinson Street Laneway Sanitary Sewer System” be received;

 

And that a by-law be enacted to establish the Robinson Street Laneway described on Registered Plan of Subdivision 4065 as public highway;

 

And that the Asset Management Department be authorized to proceed with functional review, detailed design and construction tendering of the Robinson Street Laneway sanitary sewer system;

 

And that the cost for functional review, detailed design, construction tendering, and all related administrative costs estimated at $10,000 be up fronted by the Town from the Life Cycle Replacement and Capital Reserve Fund and if the project proceeds recovered from the benefiting property owners with appropriate interest;

 

And that a capital project be established for the functional review, detail design, construction tendering and all related administrative costs to an upset limit of $10,000.

 

And that when the tender price is known, the residents of Robinson Street Laneway be advised of the total project costs for their decision whether to proceed with the construction of this project;

 

And that the Asset Management Department staff report back the resident’s decision and staff recommendation;

 

And further that if the Robinson Street Sanitary Sewer System is to proceed, the total project cost be up fronted by the Town and recovered by imposing an equal fee against the benefiting property owners abutting the works in accordance with Section 391 of the Municipal Act.

 

CARRIED

 

 


 

11.       SHOPPING CART CONTROL STRATEGY (5.0)

              Report 

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

Whereas shopping carts abandoned within the Town of Markham constitute a public nuisance in that they may be a traffic hazard, impede sidewalks and street maintenance, may be a risk to public safety and are unsightly;

 

Now be it resolved that the report entitled “Shopping Cart Control Strategy” be received;

 

And that staff be authorized, as part of the Strategy, to conduct a Phase 1 communication and education program concerning abandoned shopping carts;

 

And further that staff hold an information meeting in the Fall of 2006 and report back to Council early in 2007 on the Shopping Cart Control Strategy, including a shopping cart control by-law to replace By-Law 278-97.

CARRIED

 

 

 

12.       FOLLOW-UP RE
            - MARKHAM ENERGY CONSERVATION OFFICE (MECO)/
            MISSION GREEN AND POWERSTREAM SEASONAL LED LIGHT
            EXCHANGE PROGRAM (3.0)

              Report  Att 1  Att 2

 

Moved by Councillor S. Daurio

Seconded by Councillor J. Webster

 

That the update on the Markham Energy Conservation Office (MECO)/Mission Green & PowerStream Seasonal LED Light Exchange Program be received.

CARRIED

 

 

 

13.       MARKHAM SPACE RACE (10.16)

              Report Atts

 

Moved by Councillor K. Usman

Seconded by Regional Councillor B. O'Donnell

 

That the report titled “Markham Space Race” be received for information;


 

And that a Markham Space Race account 032 224 0016, be set up to receive funds from corporate sponsors, and to finance expenditures for the Markham Space Race program;

 

And further that the Markham Space Race account 032 224 0016, be a continuous account and that any net revenue at year-end 2006 be carried over for use in the Markham Space Race program for use in subsequent years.

CARRIED

 

 

 

14.       2007 GENERAL INSURANCE AND
            RISK MANAGEMENT PROGRAM (4.0)

              Report Att A Att B

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor K. Usman

 

That the report dated October 10, 2006 entitled “2007 General Insurance and Risk Management Program” be received;

 

And that the contract to provide General Insurance and Risk Management Program by Frank Cowan Company Limited be extended for an additional year for the period January 1, 2007 to December 31, 2007, for a total cost not to exceed  $1,682,640 inclusive of PST (4% increase over the 2006 premium of $1,567,226 and the increased liability coverage $52,725);

 

And that funding be provided for as follows:

  • $1,236,109 (2006 Budget $1,070,551 plus $165,558k phase-in) – 2007 Operating Budget
  • $     62,689 (4% increase of the 2006 premium) to be pre-approved in the 2007 Operating Budget
  • $     52,725 (Liability coverage increase from $10 to 15 million)  to be pre-approved in the 2007 Operating Budget
  • The above will be funded from the corporate insurance accounts (840-846 5550, 5560, 5520, 5595, 5596)
  • $   331,117 – unfunded to be included into the 2008/2009 budgets as phase-in III & IV of the 4 year phase-in for the insurance premium.

 

And that the Director of Financial and Client Services be authorized to negotiate the 2007 contract for General Insurance and Risk Management Program with the Frank Cowan Company Limited provided that the premium increase does not exceed 4% of the 2006 insurance premium, exclusive of the increased liability coverage;

 

And that the Director of Financial and Client Services be authorized to extend the contract for General Insurance and Risk Management Program for a further two years provided that it is the best interest of the Town and the premium increase does not exceed 5% of the previous years' insurance program, exclusive of annual coverage changes.

CARRIED


 

 

 

15.       AWARD OF TENDER 184-T-06 SUPPLY &
            DELIVERY OF SODIUM CHLORIDE
            (HIGHWAY COARSE ROCK SALT)
            YORK REGION BUYERS CO-OPERATIVE CT–06-05 (7.12)

             Report

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the staff report entitled “Award of Tender 184-T-06 Supply & Delivery of Sodium Chloride (Highway Coarse Rock Salt) York Region Buyers Co-operative CT–06-05” be received;

 

And that Tender 184-T-06 Supply & Delivery of Sodium Chloride (Highway Coarse Rock Salt) York Region Buyers Co-operative CT–06-05 be awarded to the lowest priced bidder, Sifto Canada Corp. in their unit price of $66.60 per tonne including delivery and inclusive of 8% PST in the estimated annual amount of $865,800.00;

 

And that the term of the contract shall be for two (2) years commencing from the date of issue of the purchase order with an option to renew for one additional year based on mutual agreement of both parties;  

 

And that the Director of Operations and the Manager of Purchasing be authorized to extend the contract for an additional one year at a unit price to be mutually agreed upon with the vendor and the York Region;

 

And that the 2006 costs, estimated at $333,018.00 be charged to the Operating Account 700 504 4525 Salt;

 

And that the following 2007-2008 estimated costs be provided for within the respective years budget submission for the Operations Department;

  • 2007                                        $865,800.00
  • 2008 (Jan 1 – Apr 30)              $532,782.00

 

And that the 2007 and 2008 Budgets Purchase Orders will be adjusted for growth (increase in kilometers of roadway) based on approved budget for that year.

CARRIED

 

 


 

16.       AWARD OF TENDER 145-T-06
            CONSTRUCTION OF MOUNT JOY NEIGHBOURHOOD PARK (7.12)

             Report 

 

Moved by Councillor K. Usman

Seconded by Councillor J. Webster

 

That the report entitled “Award of Tender 145-T-06, Construction of Mount Joy Neighbourhood Park” be received;

 

And that the contract for tender 145-T-06 for the construction of Mount Joy Neighbourhood Park be awarded to the lowest price qualified bidder, Mopal Construction in the amount of $638,800.00 (Base tender items of $621,600.00 and Provisional items B1 & B2 for $17,200.00), exclusive of contingency and GST;

 

And that a consultant and construction contingency amount of $95,000.00 exclusive of GST be established to cover any additional consulting services and/or sub-consulting fees and to cover any additional construction costs including authorized contingencies and approved change orders, and that the Director of Planning and Urban Design or designate be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy;

 

And that the award be funded from Planning and Urban Design’s 2004 Capital Budget account 81-5350-6252-005, Brother Andre Park Greensborough (Mount Joy), in the amount of $909,100.00;

 

And further that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources.

CARRIED

 

 

 

17.       LICENCING FEES BY-LAW (2.0)

             Report  Atts

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That By-law 2002-284, “A By-law to Establish Licence Fees for the Town of Markham” be amended to:

  • Adjust License Fees consistent with the costs of enforcement and administration of each type and class of licence as outlined in Appendix A
  • Waive a licence fee for the current year if an application for a new licence is submitted within 30 days of its expiry date, and is accompanied by a renewal application and the full licence fee for the next calendar year
  • Exempt Eating Establishment Licence Fees for Non-Profit organizations

CARRIED

 

 


 

18.       AWARD OF TENDER 144-T-06
            CONSTRUCTION OF EAST CATHEDRAL
            NEIGHBOURHOOD PARK (7.12)

              Report 

 

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor J. Heath 

 

That the report entitled “Award of Tender 144-T-06, Construction of East Cathedral Neighbourhood Park” be received;

 

And that the contract for tender 144-T-06 for the construction of East Cathedral Neighbourhood Park be awarded to the lowest price qualified bidder, Gateman Milloy Inc. in the amount of $399,683.37 (Base tender items of $369,909.20 and Provisional items 1.0, 2.0, 2.1, 3.0, 4.2 for $29,774.17), exclusive $40,000.00 contingency and GST;

 

And that a consultant and construction contingency amount of $40,000.00 exclusive of GST be established to cover any additional consulting services and/or sub-consulting fees and to cover any additional construction costs including authorized contingencies and approved change orders, and that the Director of Planning and Urban Design or designate be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy;

 

And that the award be funded from Planning and Urban Design’s 2005 Capital Budget account #81-5350-6649-005, East Cathedral Neighbourhood Park, in the amount of $429,000.00, $15,000 from a letter of credit issued to the Town by Metrus to cover for grading work and $39,981.37 from the remaining balance in Planning and Urban Design’s 2004 Capital Budget Account #81-5350-6252-005, Brother Andre (Mount Joy) Neighborhood Park;

 

And further that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources.

CARRIED

 

 

 

19.       JOINT MUNICIPAL WASTE DIVERSION STRATEGY (5.1 & 13.4)

              Report 

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

Whereas in 2004, the Town of Markham established its “Mission Green” program with a 70% waste diversion target;

 

And whereas the Town of Markham is currently diverting 68% of its residential waste and anticipates achieving 70% waste diversion in 2007;


 

And whereas the Region of York and the local Municipalities have prepared a municipal waste diversion strategy entitled ‘Working Together Toward a Sustainable Residential Waste Management System’ setting out a range of waste diversion initiatives and recommending a Regional waste diversion target of 65% in the short term;

 

And whereas the Town of Markham has already implemented most of the initiatives  proposed by the strategy and surpassed the recommended 65% diversion target;

 

Now be it resolved that the staff report ‘Joint Municipal Waste Diversion Strategy’ be approved;

 

And that the Joint Municipal Waste Diversion Strategy document titled “Working Together Toward a Sustainable Residential Waste Management System” be received;

 

And that Markham continue to participate in the Strategy implementation;

 

And that Markham encourage equivalent diversion targets be established by each local municipality to fully support the Regional target to divert a minimum of 65% of its waste from landfill;

 

And that the initiative to install bag breaking technology at the Region’s recycling facility and the addition of plastic film and polystyrene plastic into the blue box be considered a priority initiative;

 

And further that the Region of York and the Local Municipalities be encouraged to continue to work together to expand upon the waste diversion strategy to include long term waste management plan development.

CARRIED

 

 

 

20.       SIGN BY-LAW (2.16)

 

Committee discussed provisions of the Sign By-law 2002-94, specifically Election Signs, to provide greater clarity. The issue is placement of free standing election signs adjacent to the fences of back-lotted properties. Staff was requested to ensure By-law Enforcement staff act on signs in violation of the by-law.

 

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor J. Jones

 

That the Sign By-law 2002-94 be confirmed to permit free-standing election signs adjacent to fences on back-lotted properties on Town roads. 

LOST

 

 


 

21.       16TH AVENUE ROAD CONSTRUCTION (5.10, 13.4)

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

That Town staff be directed to meet with Regional staff with respect to a Traffic Management Plan for 16th Avenue and pursue if there are any alternatives to a closure between Kennedy Road and Warden Avenue;

 

And further, that the Region be requested that no work occur on 16th Avenue between 7:00 - 9:00 a.m. and 4-6 p.m. or that at least two lanes remain open during rush hour;

 

And further, that the Region be requested to improve advanced signage;

 

And that staff report back as soon as possible.

CARRIED

 

 

 

22.       ODOUR PROBLEMS IN THE AREA OF
            BAYVIEW AVENUE AND STEELES AVENUE (5.5)

 

Staff provided an update on on-going odour problems in the Bayview Avenue and Steeles Avenue area, and advised that they are working with the Region to identify and resolve the issue. A further update will be provided.

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 7:05 p.m.

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