October 28,
2008
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 15
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor 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.
REGRETS
Regional
Councillor J. Jones.
The Regular
Meeting of Council was held on October 28, 2008 at 7:09 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 and Fire Services
C. Conrad,
Town Solicitor
K.
Kitteringham, Town Clerk
C. Raynor,
Committee Clerk
B. Cribbett,
Treasurer
J. Wong, Technology Support
Specialist
B. Nanninga,
Executive Assistant
J. Bosomworth,
Manager, Strategy and Innovation
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL
MINUTES - OCTOBER 14, 2008
Minutes
Moved by Councillor
A. Chiu
Seconded by
Councillor J. Virgilio
That the
Minutes of the Council Meeting held on October 14, 2008, be adopted.
CARRIED
3. PRESENTATIONS
(1) TOWN
OF MARKHAM UNITED WAY
EMPLOYEE FUNDRAISING CAMPAIGN
- COMMUNITY SERVICES
COMMISSION AND
DEVELOPMENT SERVICES
COMMISSION
ANNUAL GOLF TOURNAMENT
(12.2.6)
Ms. Brenda
Librecz, Commissioner of Community & Fire Services, presented a cheque in
the amount of $4,000 to Ms. Kimberley Kitteringham, Town Clerk and Chair of the
2008 Town of Markham United Way Employee Fundraising Campaign. The donation represents the proceeds from the
Community Services Commission Annual Golf Tournament. Mr. Jamie Bosomworth, Manager, Strategy and
Innovation, also presented a cheque in the amount of $7,000 to Ms.
Kitteringham. The donation represents
the proceeds from the Development Services Commission Annual Golf Tournaments.
Community Services Golf Tournament Committee Members
Glen Taylor, Gwen Fletcher, Michelle Gibbons, Alida Tari and Brieanna
Gabbard
Development Services Golf Tournament Committee Members
Patty Pease, Lynda Davis, Susanne McCrimmon, Donna
Harris, Wendy Bond, Brad Roberts, Jamie Bosomworth and Jan Bright.
4. DELEGATIONS
There were no
delegations
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 51 - GENERAL COMMITTEE (October
20, 2008)
Moved by
Regional Councillor G. Landon
Seconded by
Councillor A. Chiu
That Report
No. 51 - General Committee comprised of 6 items be received and adopted.
(1) ADVISORY COMMITTEE
APPOINTMENTS & RESIGNATIONS (16.24)
That the
resignation of Mr. Robert Bowman from the Leash Free Markham Committee
be accepted with regret and a letter of appreciation be forwarded; and,
That the
following residents be re-appointed to the Canada Day Committee for the
term ending November 30, 2009:
Jeanne Bowman
Antonette
DiNovo
Mitch Reiss
Javaid Khan
Samuel Carr
Willie Reiss;
and,
That the
following persons be appointed to the Markham Environmental Advisory
Committee for the term ending November 30, 2011:
Helen Mack
Stephanie Chan
Erica Lontoc
Rini Ngai
Louis
Priftakis; and,
That the
following current members be re-appointed to the Markham Environmental
Advisory Committee for the term ending November 30, 2011:
Mylene
Batista-Bezerra
Joyce Chau
Philip Ling
Tom Rado
CARRIED
(2) AWARD OF RFP # 173-R-08
GLENBOURNE & GLENRIDGE
COMMUNITIES
SANITARY SEWER (5.5)
Report 1
That
the report entitled “Award of RFP #173-R-08 Glenbourne and Glenridge
Communities Sanitary Sewer” be received; and,
That staff be authorized to retain the
highest ranked and lowest priced bidder Cole Engineering Group Ltd. for
detailed design and preparation of tender documents for an upset fee limit of
$73,901.00 inclusive of disbursements and exclusive of GST; and,
That
a contingency amount of $8,000.00 exclusive of GST be established to cover any
additional design and that the Director of Asset Management be authorized to
approve expenditure of this contingency amount up to the specified limit in
accordance with the Expenditure Control Policy; and,
That
the consultant’s fee and contingency amounting to $81,901.00 be funded by the
Town from the Waterworks Stabilization/Capital Reserve Account 86-2700-112;
and,
That
the costs of the detailed design and tender documents be recovered from the
benefiting property owners with appropriate interest if the project proceeds;
and,
That
a capital project be established for the detailed design, construction
tendering and all related administrative costs to an upset limit of $81,901.00;
and,
That
when the tender price is known, the residents of Glenbourne and Glenridge
Communities be advised of the total project cost for their decision whether to
proceed with the construction of this project; and,
That
should the property owners not wish to proceed with the entire project, staff
be authorized to go back to the community with project costs broken down into
phases to determine if portions of the community wish to proceed; and,
That the Asset
Management Department staff report back with the residents’ decision and a
staff recommendation; and further,
That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(3) SALT
WATER POOLS
DISINFECTION/FILTRATION (6.0)
Report 1
That
the presentation by Mr. Service, Manager of Planning and Policy
Development, entitled “Analysis of Pool
Filtration Systems” be received; and,
That
the report entitled Salt Water Pool Disinfection/Filtration be received; and,
That
the Town of Markham staff continue to research alternative forms of pool sanitation
with alternatives proposed in a subsequent report; and,
That
Shore Tilbe Irwin and Partners be directed to incorporate liquid chlorine in
the design of East Markham Community Centre; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) LIQUID CHLORINATION WITH
ADDITION OF U.V. FILTRATION (6.0)
Report 1
That
the presentation by Mr. Service, Manager of Planning and Policy
Development, entitled “Analysis of Pool
Filtration Systems Liquid Chorine with UV” be received; and,
That
the report entitled Liquid Chlorination with Addition of U.V. Filtration be
received; and,
That
the Town of Markham aquatic facilities continue to use liquid chlorine as the
primary form of disinfection at all Town of Markham pools; and,
That,
subject to a successful trial period at Centennial Community Centre, Council
endorse that all the pools at the four major Town of Markham pool facilities (Angus Glen, Centennial, Milliken
Mills, and Thornlea) be upgraded to include ultra violet (UV) as the second
form of sanitation and to enhance public safety instead of the current method
of superchlorinations, breakpoints and shocks; and,
That
the upgrade costs to an upset limit of approximately $133,100 be included for
consideration as part of the 2009 non-Life Cycle capital requests to convert
Centennial Pool as a trial facility; and,
That
the estimated annual maintenance costs of $6,000 for Centennial Pool be added
to Recreations 2009 operating budget; and,
That
Shore Tilbe Irwin and Partners be directed to incorporate liquid chlorine with
the addition of UV in the design of East Markham Community Centre; and,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) CONTRACT
EXTENSION 012-T-O3
RENTAL OF GRADERS FOR
WINTER MAINTENANCE (7.12)
Report
That the staff report entitled Contract
Extension 012-T-03 Rental of Graders for Winter Maintenance” be received; and,
That the tender process be waived in
accordance with Purchasing Bylaw 2004-341, Part 11, Section
7(1) c which states “when the extension of an existing
contract would prove more cost-effective or beneficial; and,
That
Contract 012-T-03 Rental of Graders for Winter Maintenance be extended for an additional two (2) winter season
(2008-2010); and,
That
Contract 012-T-03 Rental of Graders for Winter Maintenance be extended for the
2008/09 period with the itemized prices identified on page 2; and,
That
the Manager of Purchasing and Director of Operations be authorized to negotiate the extension
of the contract for the 2009/10 winter
season providing the prices for this winter season does not exceed a 3% price
increase; and,
That
the total annual award cost of $910,796 ($851,296.00-Graders,
$59,500.00-Windrow clearing) be funded from the annual operating budget of $1,067,493
from Operating Account 700 504 5301Winter
Maintenance Graders; and,
That the 2008
anticipated operating shortfall of $349,376 be included in the 2008 Town wide
year end operating balance; and,
That
the Graders in the estimated annual amount of $851,296.00, exclusive of GST be
awarded as summarized below:
That
Staff be authorized to increase the cost for clearing of windrows from seniors
driveways in accordance with the Town’s approved list (approx 1400) from a
$6.50/ driveway to $8.50/driveway per occurrence; and,
That
funds for clearing of Windrows, in the estimated annual amount of $59,500.00
exclusive of GST, be split between Curtis
Enterprizes, Vidome Construction Ltd, Jag Construction and Pit
Haulage Ltd dependant on approved list within each area; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) CONTRACT EXTENSION 128-T-03
HIRED LOADERS ON AN
“AS AND
WHEN” REQUIRED BASIS (5.10)
Report
That
the staff report entitled Contract Extension 128-T-03 Hired Loaders on an “as
and when” Required Basis be received; and,
That the tender process be waived in
accordance with Purchasing Bylaw 2004-341, Part 11, Section
7(1) c which states “when the extension of an existing
contract would prove more cost-effective or beneficial; and,
That
Contract 128-T-03 Hired Loaders on an “as and when” Required Basis be
extended for an additional two (2)
winter season (2008-2010); and,
That
Contract 128-T-03 Hired Loaders on an “as and when” Required Basis be extended
for the 2008/09 period with the itemized prices identified on page 2&3;
and,
That
the Manager of Purchasing and Director of Operations be authorized to negotiate the extension
of the contract for the 2009/10 winter
season providing the prices for this winter season does not exceed a 3% price
increase over 2008/09 period; and,
That
the total annual award cost of $514,918.40 be funded from the Operating Account
700 504 5407 Construction Equipment & Services subject to Council approval
of the 2009 operating budget; and,
That
the 2008 anticipated operating shortfall of $495,344 be included in the 2008
Town wide year end operating balance; and,
That
the estimated annual amount of $514,918.40, exclusive of GST be awarded as
summarized below:
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT
NO. 52 - DEVELOPMENT SERVICES COMMITTEE (October 14, 2008)
Moved
by Councillor J. Webster
Seconded by
Regional Councillor T. Wong
That Report
No. 52 - Development Services Committee comprised of 1 item be received and
adopted.
(1) MARKHAM 10 YEAR
ECONOMIC DEVELOPMENT STRATEGY
DRAFT FINAL REPORT (10.16)
Report
AppA
AppB
AppC
AppD
AppE
AppF1
AppF2
That
the report entitled “Markham 10 Year Economic Development
Strategy. Draft Final Report” be received; and,
That
Council endorse the public launch of Markham’s economic
development strategy to be held on October 31st, 2008; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
6(c) REPORT
NO. 53 - DEVELOPMENT SERVICES COMMITTEE (October 28, 2008)
Moved
by Councillor J. Webster
Seconded
by Councillor D. Horchik
That Report
No. 53 - Development Services Committee comprised of 2 items be received and
adopted, except for Item 1. (See
resolutions below for Item 1).
(1) EAST MARKHAM COMMUNITY CENTRE &
LIBRARY – SCHEMATIC DESIGN
(6.6)
Report Attach A Attach B
That
the presentation by Shore Tilbe Irwin & Partners highlighting the building
envelop and proposed elements of the building and associated parking garage
structure be received; and,
That
Council authorizes staff to proceed with detailed design phase following the
joint Town of Markham and Markham Stouffville Hospital Open House on November
17, 2008 and a to-be-scheduled Council Workshop; and,
That Council
authorizes the Mayor and the Clerk to execute an Agreement of Purchase and
Sale, in a form satisfactory to the CAO and the Town Solicitor and all related
documents and take any action necessary to give effect to the acquisition of
approximately 4.51 acres of land from Markham Stouffville Hospital together
with an option to purchase an additional 0.75 acres of land at the south-west
corner of Bur Oak Avenue and Church Street; and,
That the
property acquisition costs be funded from account #070 6200 7369 005; and,
That the Architectural/Engineering Services fee for Shore Tilbe
Irwin and Partners be increased by $591,480 to account for additional project
scope, primarily related to the parking garage structure; and further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) ROUGE NORTH MANAGEMENT AREA/ GREENBELT
OPA 140 SETTLEMENT (10.0)
Report
That
the report entitled “Rouge North Management Area/Greenbelt OPA No. 140
Settlement” be received; and,
That
the modifications to OPA No. 140, as shown in Attachment A of the staff report,
be approved; and,
That
the Town Solicitor be authorized and directed to execute Minutes of Settlement
with the appellants to OPA No. 140, substantially in the form attached as
Attachment B to the staff report and to request the Ontario Municipal Board to
approve OPA 140 as modified.
CARRIED
7. MOTIONS
Council
consented to add Motions (1) and (2).
(1) YORK
REGION DISTRICT SCHOOL BOARD
YORK CATHOLIC DISTRICT SCHOOL
BOARD
- SECONDARY SCHOOL PLAY FIELDS
IN CORNELL (13.6)
Moved by
Deputy Mayor J. Heath
Seconded by
Councillor J. Webster
That staff
request the York Region District School Board and York Catholic District School
Board to exchange sites for their secondary schools in Cornell in order to
facilitate the development of the public secondary school on the east side of
Bur Oak Avenue, across from the proposed East Markham Community Centre; and,
That staff
request confirmation from the York Region District School Board, York Catholic
District School Board and Mattamy Homes on the feasibility and cost of providing
play fields on the proposed secondary school sites in Cornell; and,
That staff
review access arrangements to the Cornell Community Park, including the
feasibility of accessing the park through Cornell Centre Boulevard (existing
Old Markham By-Pass); and,
That staff
report back to General Committee on timing, cost and implementation of this
proposal; and further,
That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(2/3 vote was requested & obtained)
(2) MARKHAM
SPORTS COUNCIL GRANT (7.6)
Moved by
Councillor A. Chiu
Seconded by
Deputy Mayor J. Heath
That a one-time grant in the amount of
$5,000 be provided to Markham Sports Council - Community Sport Recognition
Program, to be funded from the Corporate Contingency Account No. 840-841-7849; and,
That the Markham Sports Council work with the
Town’s Community Relations Department to ensure the event conforms to Town
event standards
CARRIED
(2/3 vote was requested &
obtained)
8. NOTICE OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by
Councillor L. Kanapathi
Seconded by
Councillor E. Shapero
That Council
receive and consent to the disposition of communications in the following
manner:
Received
79-2008 City of Vaughan
- Forwarding their resolution of Council regarding Powerstream merger with
Barrie Hydro. (13.7)
Letter
Referred to all Members of
Council
80-2008 Markham Village
BIA - Forwarding a request to close the following streets on November 29, 2008
from 12:00 noon to 11:00 p.m. to facilitate the Santa Fest-Festival of Lights:
- Main Street Markham North from Highway 7 to South of Parkway Avenue
- Access east from Main Street Markham is closed to Centre Street &
Robinson Street
- Access west from Main Street Markham is closed to Thompson Court,
Dublin Street & Robinson Street (3.5) (By-law 2008-224)
Info
81-2008 Rotary Club of
Markham Sunrise Inc. - Forwarding a request to close the following streets to
facilitate the Markham Santa Claus Parade being held on November 29, 2008:
- Highway 7 West of
Wooten Way to Highway 48 (Closed to Parade Traffic Only) (8:00 a.m. to 11:00
a.m.)
- Highway 7 at Ninth
Line to Wooten Way (Local Traffic Only) (8:00 a.m. to 11:00 a.m.)
- Main Street Markham
north of Highway 7 to 16th Avenue (Closed) (9:30 a.m. to 12:00 noon)
- Main Street Markham
north of 16th Avenue to just south of Bur Oak Avenue (9:30 a.m. to
12:00 noon)
- Bullock Avenue east of
Snider Drive east to Main Street Markham (9:30 a.m. to 11:00 a.m.)
- Parkway Avenue west
side of George Street west to Main Street Markham (9:30 a.m. to 11:00 a.m.)
- 16 Avenue East of
Fincham Avenue to west of the driveway to Garden Basket (Local Traffic Only)
(9:30 a.m. to 12:00 noon)
- 16th Avenue
west of the driveway to Garden Basket to west of Peter Street (Closed) (9:30
a.m. to 12:00 noon)
- 16th Avenue
west of Peter Street to east of Mingay Avenue/Stone Mason Drive (Local Traffic
Only) (9:30 a.m. to 12:00 noon) (3.5)
(By-law 2008-225)
Info
82-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Thai Together Fusion Restaurant, 5261
Highway 7 East, Unit #7 (Indoor licence for existing premises) (3.21)
Info
83-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Nando's Restaurant, 7677 Markham
Road, Unit 4, Building B (Indoor licence for new premises) (3.21)
Info
84-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Montana's Cookhouse, 2890 Major
Mackenzie Drive East, Building C3 (Indoor and outdoor licence for new premises)
(3.21)
Info
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Info
Moved by
Regional Councillor T. Wong
Seconded by
Councillor V. Burke
That the
following be proclaimed in the Town of Markham:
- Community
Social Service Workers Appreciation Day (November 6, 2008)
- Crohn's and
Colitis Awareness Month (November 2008); and
That the Corporate Communications Department be
requested to publish the above proclamations in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESS
There were no
new/other business.
12. BY-LAWS
Council
consented to add By-law 2008-227.
Moved by
Councillor A. Chiu
Seconded by
Councillor C. Moretti
That By-laws 2008-224,
2008-225 and 2008-227 be given three readings and enacted.
Three Readings
BY-LAW 2008-224 A by-law to authorize the temporary closure of various streets at
Main Street Markham to facilitate the Santa Fest-Festival of Lights on November
29, 2008 from 12:00 noon to 11:00 p.m.
(Communication No. 80-2008)
By-law
BY-LAW 2008-225 A by-law to authorize the temporary closure of various streets to
facilitate the Markham Santa Claus Parade on November 29, 2008.
(Communications No. 81-2008)
By-law
BY-LAW 2008-227 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Monarch Corporation, Lots 33 to 41, 69, 72 and 111
to 114, Plan 65M-4050, Cathedraltown Phase 1, west of Woodbine Avenue and north
of Major Mackenzie Road).
By-law
CARRIED
13. IN-CAMERA ITEMS
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor T. Wong
That Council
report the following 3 in-camera items:
(1) MINUTES OF IN-CAMERA COUNCIL
MEETING - OCTOBER 14, 2008 (16.0)
That the
minutes of the in-camera Council meeting held on October 14, 2008, be
confirmed.
CARRIED
REPORT
OF GENERAL COMMITTEE - October 20, 2008
(2) LEGAL
ADVICE ON CENTENNIAL COMMUNITY CENTRE (6.6)
That the
confidential report dated September 24, 2008 from the Commissioner of Community
Services providing legal advice on Centennial Community Centre, be received;
and,
That staff be
authorized to proceed as directed with respect to this matter.
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - October 21, 2008
(3) PROPERTY
ACQUISITIONS FOR THE EXTENSION
OF ENTERPRISE DRIVE
(UNIONVILLE GATE) (8.6, 5.10)
That
the confidential report entitled “Property Acquisitions for the Extension of
Enterprise Drive (Unionville Gate)” be received; and,
That
staff be authorized to finalize negotiations with Freehold Building
Corporation, Traks Communications Ltd, Shell Canada Ltd., and Unionville Gate
Medical Holdings Limited for the acquisition of lands required for the
extension of Enterprise Drive to Kennedy Road; and,
That
Council authorize the Mayor and the Clerk to execute Agreements of Purchase and
Sale in a form and content satisfactory to the Chief Administrative Officer and
the Town Solicitor, and all related documents and take any action necessary to
give effect to the acquisition of lands or Temporary Limited Interests in land
respecting the following parcels:
- Freehold
Building Corporation: Acquisition
of Parts 5, 6, 7, 11, 13, 16 and 17 on Registered Plan 65R-30854;
- Traks
Communications Ltd.: Acquisition of 2.0 metre by 80 metre strip of land contained
within Part 3 on Registered Plan 65R-30854;
- Shell
Canada Ltd.: Temporary Limited Interest in Parts 9 and 12 on Registered
Plan 65R-30854; and
- Unionville
Gate Medical Holdings Limited: Acquisition of Parts 1 and 2 on Registered
Plan 65R-30854 and a Temporary Limited Interest in Part 8 on Registered
Plan 65R-30854; and,
That
the property acquisition costs including land, appraisals, negotiation and
legal services be funded from the Engineering Department’s
Capital Budget account # 83-6200-6743-005; and,
That
should negotiations fail, the Town Solicitor be authorized to initiate
expropriation proceedings and to take any action required to execute all
related documents to effect the acquisition of the properties described above;
and further,
That Staff be authorized and directed to take
the actions necessary to give effect to this report.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That By-law
2008-226 be given three readings and enacted.
Three Readings
BY-LAW 2008-226 A by-law to confirm the proceedings of the Council meeting of October
28, 2008.
(Council Meeting No. 15, 2008)
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor A.
Chiu
Seconded
by Deputy Mayor J. Heath
That the Council meeting adjourn at 7:43 p.m.
CARRIED
__________________________________ ________________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN
CLERK MAYOR
(Signed)