M I N U T E S

COMMITTEE OF THE WHOLE

2004-4-13

Canada Room

 

Attendance

 

Regional Councillors     J. Heath                                     J. Jones                                     B. O'Donnell Councillors                   S. Daurio                                     E. Shapero (5:10 p.m.)                                     J. Virgilio                                     G. McKelvey                                     J. Webster                                     D. Horchik                                     K. Usman                                     A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development    Services J. Sales, Commissioner of Community    and Fire Services A. Taylor, Commissioner of Corporate Services C. Conrad, Town Solicitor B. Cribbett, Treasurer S. Birrell, Town Clerk P. Miller, Manager, Secretariat Services

 

1.         APPOINTMENT OF A CHAIR (16.24)

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That Regional Councillor J. Heath be appointed Chair of the April 13, 2004 Council and Committee of the Whole meetings.

 

                                                                                                                                                 Carried

 

 

The Committee of the Whole meeting convened at the hour of 5:05 p.m. with Regional Councillor J. Heath in the Chair.

 

 

DISCLOSURE OF INTEREST

 

None declared.

 

2.         MINUTES OF COMMITTEE OF THE WHOLE
            - MARCH 30, 2004 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

That the minutes of the Committee of the Whole meeting held on March 30, 2004 be confirmed.

 

Carried

 

 

 

3.         HYDRO ONE - REQUEST FOR NOISE BY-LAW
            EXEMPTION (2.10)   weblink  

 

Mr. Lake Singh, Senior Project Manager, Hydro One, was in attendance and addressed Committee regarding the Hydro One request for an exemption from the Noise By-law (By-law No. 2003-137) to permit construction on the Parkway Transformer Station site from April 15 to December 24, 2004.  The hours of operation would be extended Monday to Friday from 7:00 p.m. to 12 midnight and Sundays from 7:00 a.m. to 6:00 p.m.  The site is located on the north side of 14th Avenue, west of Warden Avenue and south of the Highway 407 lands.

 

The Director of Engineering tabled a memorandum dated April 13, 2004 stating staff's position on this matter and reviewed the conditions in the suggested draft resolution.  He pointed out that Hydro One will publish a notice in the newspaper and any objections will be reported back to Council prior to the exemption being issued.

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the deputation and letter dated April 6, 2004 from Lake Singh, Senior Project Manager, Hydro One, requesting an exemption from the Noise By-law (By-law No. 2003-137) to permit construction on the Parkway Transformer Station site, on the north side of 14th Avenue, west of Warden Avenue and south of Highway 407 lands for the timeframe from April 15 to December 24, 2004 by extending the Monday to Friday work period from 7:00 p.m. to 12 midnight and Sundays from 7:00 a.m. to 6:00 p.m., be received;

 

And that the tabled report from the Director of Engineering, be received;

 

And that an exemption to item 16 of schedule 2 of the Town’s Noise Control By-law  No. 2003-17 to extend the hours of work for the construction of the Hydro One transformer station west of Warden Avenue and south of Hwy 407 be approved as follows:

 

·        1900 hours to 2400 hours – Monday to Friday from April 15, 2004 to December  24, 2004

·        0700 hours to 1800 hours - Sunday from April 15, 2004 to December 24, 2004

 

And the approval of the Noise By-law exemption be subject to the following conditions:

 

• The type of activities that would generate noise beyond the normal by-law period would be limited to construction type equipment, including but not limited to, such as compressors, pile drivers, pneumatic and hydraulic tools, excavators, concrete mixing machines, graders, scrapers, rollers, pumps, sanding, metal cutting and hand tools.
• Execution of a site plan agreement with the Town of Markham no later than June 1, 2004.
• Deposit of Letter of Credit by April 20, 2004 for fouling of roads and damage to road in an amount to be finalized by the Director of Engineering.
• Haul route be restricted to non residential areas as defined in Hydro One April 6, 2004 letter.
• No trucking allowed on Sunday.
• Implementation of a communication plan for abutting businesses to the satisfaction of the Town of Markham.
• Payment of applicable fees
• The Town of Markham right to rescind or modify the exemption if Hydro One fails to comply with the above conditions to the satisfaction of the Town of Markham;

 

And that the exemption to the Noise Control By-law 2003-137 not come into effect until the published notification has been complied with and there are no adverse comments;

 

And that if the Clerk's Department receives any adverse comments on the proposed by-law exemption within 10 days of the last publication notice staff report back to Council;

 

And that L. Singh of Hydro One be advised accordingly.

 

Carried

 

 

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor J. Jones

 

That Committee recess in-camera to discuss property and personnel matters.

 

                                                                                                                                                 Carried

 

 

4.         2004 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

Canada Day Committee

That the resignation of Dawn Dwyer-Pappas from the Canada Day Committee be accepted;

 

And that Shannon Walter be appointed to the Canada Day Committee.

 

Hagerman Housing Board

That the resignation of Councillor K. Usman from the Hagerman Housing Board be accepted with regret;

 

And that staff review the Articles of Incorporation to determine whether a Council representative is required and report back.

 

Markham Race Relations

That the following eleven (11) persons be appointed to the Markham Race Relations Committee effective May 1, 2004:

Markham

            Moe Mohammed                                              for a term to expire December 31, 2005

            Rohit Ummat                                                    for a term to expire December 31, 2005

            Linda Stewart                                                   for a term to expire December 31, 2007

 

Unionville

            Ashna Rohli                                                      for a term to expire December 31, 2005

            Iris Leung                                                         for a term to expire December 31, 2005

            Vicki Brar                                                        for a term to expire December 31, 2004

 

Thornhill

            Jan Godschalk                                                  for a term to expire December 31, 2005

            Ghulam Abbas Sajan                                        for a term to expire December 31, 2007

 

Milliken Mills

            Ray Lum                                                          for a term to expire December 31, 2004

            Raza Sumar                                                      for a term to expire December 31, 2007

            Murali Visalingam                                             for a term to expire December 31, 2007

 

And that one additional appointment representing the Thornhill area be referred to the April 27, 2004 Committee of the Whole meeting.

 

Markham Safe Streets Task Force

That the resignation of Dan McCowell, York Catholic District School Board, from the Markham Safe Streets Task Force be accepted with thanks and a letter of appreciation forwarded;

 

And that Charles McCarthy, York Catholic District School Board, be appointed to the Markham Safe Streets Task Force.

 

Markham Theatre Board

That the following seven (7) persons be appointed to the Markham Theatre Board effective May 1, 2004 for a term to expire November 30, 2006:

 

            Evelyn Bailey-Semeniuk

            David Banfield

            Laurie Burns

            Neil Fernandez

            Pat Kincaid

            Nick Sidoti

            Genevieve Landis

 

Carried

 

 

 

5.         GST EXEMPTION FOR THE TOWN OF MARKHAM (7.3)

 

On March 30, 2004, Council requested that the Town Solicitor report back regarding any possible adverse implications from the Town requesting a GST exemption.

 

The Town Solicitor advised there would be no adverse implications, however, it is her understanding that only the Province of Ontario is eligible for a GST exemption.

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That the verbal report from the Town Solicitor with respect to a possible GST exemption for the Town and the potential impact be received.

 

Carried

 

6.         2002/2003 TRAFFIC CALMING
            TENDER AWARD CONTRACT 017-T-04 (7.12.1 & 5.12)  weblink  

 

On April 5, 2004, Finance and Administrative Committee deferred consideration of tender 017-T-04 on 2002/2003 Traffic Calming to Committee this date to provide staff an opportunity to clarify issues raised, including a response from the Region of York on grand-fathering and on the impact of altering the tender to separate the streets that are effected by vertical traffic calming techniques.

 

The Director of Engineering tabled a report dated April 13, 2004, entitled "2002/2003 Traffic Calming Tender Award Contract 017-T-04".  In the report, Mr. Brown recommended some additional conditions through a Post Bid Addendum.

 

The Commissioner of Development Services confirmed that whether the Town will proceed with four or fourteen traffic calming projects should be known by the end of June, 2004.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That Tender 017-T-04 on 2002/2003 Traffic Calming be awarded to the lowest acceptable bidder, Ferdom Construction in their tender amount of $413,641.64 inclusive of 7% GST ($398,178.41 inclusive of 3% GST) subject to confirmation by the Region of York that these projects will be exempt from a potential policy that restricts transit service on roads with vertical traffic calming measures;

 

And that a contingency in the amount of $82,728.33 inclusive of 7% GST ($79,635.68 inclusive of 3% GST) be established and that the expenditure control policy guide the use of the contingency funds;

 

And that funds for tender 017-T-04 be provided from the Engineering Department's 2002 Capital Budget (Account # 065-5350-4878-005) in the amount of $197,783.00 and 2003 Capital Budget (Account # 065-5350-5116-005) in the amount of $280,031.09 totaling $477,814.09 (inclusive of 3% GST);

 

And that the Region of York be requested to grandfather existing and approved locations having vertical traffic calming measures, inclusive of the 2002/2003 projects, as part of their adoption of a traffic calming policy for York Region Transit routes in the Town of Markham;

 

And that staff be authorized to call a Post Bid Addendum for the 2002/2003 Traffic Calming Projects for the four (4) traffic calming projects which would not be impacted by a potential Regional Policy regarding transit service;

 

And that if the Region of York doesn't exempt the projects under Tender 017-T-04 from a transit service policy, then the CAO be authorized to award the post bid addendum to the lowest bidder subject to staff's acceptance of the tender price.

 

Carried

 

 

 

7.         TORONTO AND REGION CONSERVATION REQUEST FOR
            FUNDING FOR CONTINUATION OF MARKHAM URBAN
            BACKYARD NATURALIZATION PROGRAM (5.7 & 7.6)

 

On April 5, 2004, Finance and Administrative Committee referred consideration of the Toronto and Region Conservation Authority request for funding to Committee this date in order for staff to report back regarding recommendations for in-kind support.

 

The Commissioner of Community and Fire Services advised that it is recommended that $10,000 be provided to the Toronto and Region Conservation Authority from the Environmental Sustainability Fund.  In-kind services would be provided by the Town in the form of signage, advertising, printing, meeting space, and technical services from staff.  The in-kind services would be the equivalent of $5,000.

 

Moved by Councillor E. Shapero

Seconded by Regional Councillor B. O'Donnell

 

That the verbal report from the Commissioner of Community and Fire Services on in-kind support, be received;

 

And that the letter dated March 19, 2004 and the presentation by Ms. Julie Hordowick, Watershed Management, TRCA requesting in-kind support and funding from the Markham Environmental Sustainability Fund to expand the Markham Urban Backyard Naturalization Program be received;

 

And that approval be granted to provide $10,000 to the Toronto and Region Conservation Authority for the expansion of the Markham Urban Backyard Naturalization Program for 2004; such funds to come out of the Environmental Sustainability Fund;

 

And that staff meet with Ms. Hordowick to review specification of their computer requirements, and if the Town is able to supply a computer for the Program, that the total amount provided be reduced by $2,000.00.

 

Carried

 

8.         COUNCIL'S STRATEGIC PRIORITIES -
            2004 TO 2006 (16.0)  weblink 

 

Committee had before it the tabled report dated April 13, 2004 from the Chief Administrative Officer regarding Council's six (6) strategic priorities for 2004.

 

Committee expressed concern regarding current traffic congestion and the need for assurance that rapid transit will be available if density increases as predicted.

 

The Commissioner of Development Services explained assurances could be obtained through policies and implementation measures or, perhaps, a meaningful Memorandum of Understanding could be negotiated with the Region of York.

 

Committee requested that this matter be referred to the April 27, 2004 Committee of the Whole meeting for further discussion and consideration.  The Chief Administrative Officer requested that any specific concerns be forwarded to his office prior to April 27, 2004 in order that they may be adequately addressed.

 

Moved by Councillor E. Shapero

Seconded by Regional Councillor J. Jones

 

That the report on Town of Markham Council's Strategic Priorities for the 2004 - 2006 Term be received for information;

 

And that the staff report be amended to add item 8 in the Action Plan for "Addressing Gridlock and Rapid Transit" as follows:

 

            "8.  Negotiate a Memorandum of Understanding with the Region of York to match rapid transit service levels with transportation supported developments in the rapid transit corridor;"

 

And that consideration of this matter be deferred and referred to the April 27, 2004 Committee of the Whole meeting for further discussion.

 

Carried

 

9.         2004 ADVISORY COMMITTEE/BOARD APPOINTMENTS
SENECA COLLEGE BOARD OF GOVERNORS (13.0 & 16.24)

 

An error was made in appointing Regional Councillor J. Jones and Councillor K. Usman to the Seneca College Board of Governors.  Seneca College is calling for nominations only.  Resumes are to be submitted for consideration.

 

It was agreed that Regional Councillor Jones and Councillor Usman be nominated for appointment to the Board of Governors.

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor J. Webster

 

That the letter, dated February 19, 2004 from the Chair of the Board of Governors, Seneca College, recruiting candidates for appointment to the Board of Governors, be received;

 

And that the email from the Town Clerk to Mr. Miner, Seneca College, acknowledging the error in appointing Regional Councillor J. Jones and Councillor K. Usman to the Board of Governors, be received;

 

And that Regional Councillor Jones and Councillor Usman be nominated for appointment to the Board of Governors.

 

Carried

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 6:20 p.m.