Meeting No.12

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the report entitled “Development Charges December 31, 2005 Reserve Balances and Annual Activity of the Accounts” be received for information purposes.

CARRIED

8. DEVELOPMENT CHARGES INDEXING – JULY 1, 2006 (7.11)

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the report entitled “Development Charges Indexing July 1, 2006” be received;

And that Council approve an increase in development charges of 2.78%, effective July 1, 2006.

CARRIED

9. 2006 FIRST QUARTER INVESTMENT
PERFORMANCE REVIEW (7.0)

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the report dated June 12, 2006 entitled “2006 First Quarter Investment Performance Review” be received.

CARRIED

10. CANADIAN MOTORCYCLE & EXTREME SPORTS
FESTIVAL – NOISE BY-LAW EXEMPTION (2.10)

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That Committee approve the following exemptions to By-law 2003-137 (Noise By-law) for the Canadian Motorcycle & Extreme Sports Festival:

On June 16, allow amplified music to 7 p.m.
On June 17, allow amplified music to 7 p.m. and vehicle noise from noon to 7 p.m.
On June 18, allow vehicle noise from noon to 4 p.m.

CARRIED

11. STAFF AWARDED CONTRACTS FOR MAY 2006 (7.12)

Report Financial Template Attachment

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the report entitled “Staff Awarded Contracts for the Month of May 2006” be received.

CARRIED

12. AWARD OF TENDER 184-T-05 DONCASTER AVENUE
REPLACEMENT OF WATERMAIN (7.12.1)

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the report entitled “Award of Tender 184-T-05 Doncaster Avenue – Replacement of Watermain” be received;

And that Tender 184-T-05 Doncaster Avenue – Replacement of Watermain be awarded to the lowest priced bidder, Finch Paving (1993) Inc. in the amount of $1,035,121, exclusive of contingency and GST;

And that a separate purchase order in the amount of $95,000 exclusive of GST, be issued for a contingency to cover any additional fees, and that the expenditure of this contingency be in accordance with the Expenditure Control Policy;

And that the award be funded from Waterworks Department’s 2006 Capital Budget Account # 053 6150 7248 005 Watermain Construction and Replacement in the amount of $1,463,000;

And that an exemption to the Town of Markham’s Noise Control By-law #2003-137 be approved to permit the construction of water service connections for the commercial premises on Doncaster Avenue, between Yonge Street and Henderson Avenue to proceed 24 hours a day, 7 days a week from August 8, 2006 to September 8, 2006;

And that the above exemption be subject to staff from the Asset Management Department and its consultant advising abutting commercial premises and residents on Doncaster Avenue.

CARRIED

13. AWARD OF TENDER 028-T-06 MILMAR COURT
SANITARY SEWER SYSTEM (7.12)

Report Attachment A B C

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the report entitled “Award of Tender 028-T-06 Milmar Court Sanitary Sewer System” be received;

And that Tender 028-T-06 Milmar Court Sanitary Sewer System be awarded to the lowest priced bidder, Safire Infrastructure Inc. in the amount of $136,400, exclusive of contingency and GST;

And that a separate purchase order in the amount of $13,640 exclusive of GST be issued for contingency to cover any additional fees 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 Mitchell Hatt & Associates be retained to carry out the site supervision and contract administration for the construction of the Milmar Court Sanitary Sewer System at an upset limit of $15,000, exclusive of GST;

And that the cost for construction, engineering and all related administration costs in a total estimated amount of $192,000 be front-ended by the Town from the Waterworks reserve and recovered from the benefiting property owners with appropriate interest;

And that the Treasurer be authorized to investigate the option of long term financing of the Milmar Court Sanitary Sewer agreement, and future Section 391 of the Municipal Act agreements through the use of debentures;

And that the Milmar Court Sanitary Sewer System proceed and the total project cost in the estimated amount of $192,000 be recovered by imposing an equal fee against each of the property owners abutting the works in accordance with Section 391 of the Municipal Act 2001;

And that the actual construction cost, all the engineering and related administrative and financing costs front-ended by the Town, form part of the total project cost and be recovered in accordance with the requirements of Section 391 of the Municipal Act and the by-law approved by Council;

And that the necessary by-law to levy the associated cost by property for the Milmar Court Sanitary Sewer System be prepared in accordance with the requirements of Section 391 of the Municipal Act 2001;

And that the residents be allowed to have the option to pay the full amount at the time of the completion of work or over 15 years on their tax bill with interest payable at the 15 Year Region of York Debenture Interest Rate.

CARRIED

14. AWARD OF TENDER 058-T-06 SUPPLY AND DELIVERY
OF VARIOUS VEHICLES (7.12)

Report Attachment A B

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That Award of Tender 058-T-06 for the Supply and Delivery of Various Vehicles be received;

And that Award of Tender 058-T-06 for the Supply and Delivery of Various Vehicles be split and awarded to the following four (4) lowest acceptable bidders totalling $441,827.16 including PST and excluding GST as listed in Appendix “A” and summarized below:

Donway Ford Sales Ltd. for 4 vehicles totalling $128,599.92
Performance Chrysler Ltd. for 3 vehicles, totalling $65,330.28
Maciver Dodge for 4 vehicles, totalling $108,201.96
Giles Chevrolet for 4 vehicles, totalling $139,695.00

And that funds for these vehicles are provided for in Fleet Operations’ 2006 Capital Budget Accounts as listed in Financial Considerations;

And that any remaining budget in Fleet Operations 2006 Capital Budget for Corporate Fleet Replacement Program will be applied to the remaining corporate fleet replacements as approved;

And further that the replaced vehicles (#3377, 3352, 3357, 3359, 6140, 6092, 1268, 1269, 1270, 5144) will be retained by the Town and remain the fleet inventory until the fall of 2006 at which time they will be sold in accordance with Purchasing By-law 2004-341, PART V Disposal of Personal Property and proceeds will be posted to account 890 890 9305 Proceeds from Sale of other Fixed Assets.

CARRIED

15. SPECIAL ASSISTANCE GRANT OF $100,000
BOB HUNTER MEMORIAL PARK (7.6 & 6.3)

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

That the $100,000 Special Assistance Grant received from the Province of Ontario, Ministry of Municipal Affairs on March 29, 2006 be released to the TRCA (Toronto and Region Conservation Authority) for the Rouge Park Alliance, to be applied to the new Bob Hunter Memorial Park north of Steeles Avenue and east of the 9^th Line in the Town of Markham;

And that the TRCA and the Rouge Alliance work closely with the Town of Markham in the preparation of Park Management, Park Signage and Ecological Restoration Plans for the Bob Hunter Memorial Park.

CARRIED

16. MARKHAM DISTRICT ENERGY CAPITAL FUNDING
GAS TAX (13.7 & 7.0)

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

That Council approve the allocation of $8 million of the 2007 to 2009 Gas Tax Funding to Markham District Energy Inc. (MDEI).

CARRIED

17. POWERSTREAM HEAD OFFICE FINANCING (13.7 & 7.0)

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

That the Town of Markham assist in the funding of PowerStream’s new head office by allowing PowerStream to defer the next eight quarterly interest payments (July 2006 to April 2008) on the existing promissory notes that are scheduled to be paid to the Town of Markham for an initial period of 5 years;

And that this recommendation be forwarded to the PowerStream Inc. Board of Directors for their consideration.

CARRIED

18.       MARKHAM DISTRICT ENERGY MEMORANDUM OF
            UNDERSTANDING WITH MARKHAM STOUFFVILLE HOSPITAL
            AND MARKHAM RE CORNELL COMMUNITY CENTRE
            HEALTH AND WELLNESS CENTRE (3.8)

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That the report entitled “Markham District Energy Memorandum of Understanding with Markham Stouffville Hospital and Markham re Cornell Community Centre/Health and Wellness Centre” be received;

And that the Mayor and Clerk be authorized and directed to execute a Memorandum of Understanding with the Markham Stouffville Hospital and Markham District Energy Inc., with respect to the evaluation of the technical and commercial benefits of the supply of district heating and cooling to the Markham Stouffville Hospital campus, including the proposed Cornell Community Centre, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor.

CARRIED

19. CONTRACT AWARD FOR STREETLIGHT MAINTENANCE
AND REPAIR 2006, POWERSTREAM (5.19 & 7.12 & 13.7)

The Committee suggested that light fixtures be replaced, when necessary, with LEDs.

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (c) which states “when the extension of an existing contract would prove more cost-effective or beneficial”;

And that the 2006 Streetlight Maintenance and Repair contract be awarded to the preferred vendor PowerStream in the amount of $619,188 (based on PowerStream’s estimate) exclusive of GST to expire on December 31, 2006;

And that the 2006 Streetlight Re-lamping Program contract be awarded to the preferred vendor PowerStream in the amount of $102,217 (based on PowerStream’s estimate) exclusive of GST to expire December 31, 2006;

And that funds be provided from account #720 720 5497 Light Maintenance and Repair in the total amount of $721,405 covered by funding approved in the Town’s 2006 Operating Budget.

CARRIED

20. MARKHAM CIVIC CENTRE GOOSE CONTROL
GUARDRAIL OPTIONS (12.4)

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That the report entitled “Markham Civic Centre Goose Control Guardrail Options” be received;

And that approval be granted to install a cable system in accordance with Option 3 around the colonnade at the cafeteria and between the chapel westward to the first column at an estimated cost of $10,000.00 (excluding GST);

And that the cable system installed on a trial basis (in the amount of $4,000.00) from the daycare to south of the chapel be retained on a permanent basis;

And that approval be granted to install a white coloured steel guardrail with pickets in accordance with Option 1 between the chapel and the cafeteria at an estimated cost of $20,000.00 (excluding GST);

And that Operations Department staff be authorized to naturalize the grassed area at the south end of the lake between the edge of the lake and the sidewalk (an area of approximately 3 metres wide by 60 metres in length) at a cost not to exceed $3,000.00 (excluding GST);

And further that Asset Management staff proceed with the procurement of the necessary services and materials provided for in capital budget account # 056-6150-6156-005 in accordance with Purchasing By-law 2004-341.

CARRIED

21. MUSEUM COLLECTION MANAGEMENT POLICY (6.7)

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the report entitled Museum Collections Management Policy be received;

And that Council approves the new Markham Museum Collections Management Policy (Appendix A) recommended for Council approval by the Markham Museum Advisory Board on March 1^st 2006;

And that the Museum Manager be authorized to execute routine legal agreements relating to the Museum collections as outlined in the “Markham Museum Collection Management Policy” in a form satisfactory to the Town Solicitor which includes artifact and archives loan agreements, agreements to acquire artifact and archives materials (with specific exceptions described in the Collections Management Policy) , gift agreements, agreements to exchange artifacts and archives with other museums and archives; and agreements granting permission to third parties to use and/or reproduce artifacts or archival materials owned by the Town.

CARRIED

22. 2006 / 2007 ICE ALLOCATION REPORT (6.1)

Report Appendix A B C D

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the report entitled 2006 / 2007 Ice Allocation Report be received;

And that Council approve the Ice Allocation schedule (Appendix A) for the 2006 / 2007 ice season;

And further that Council receive the Special Events List (Appendix B) for the 2006 / 2007 ice season.

CARRIED

23. 2005 SILVER DOLPHIN REPORT (6.0)

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the report entitled 2005 Silver Dolphin Award be received;

And that Council recognizes Ben Stubbs of the Markham Aquatic Club as the 2005 Silver Dolphin Local and Provincial Award winner based on his outstanding accomplishments;

And that Council recognizes Cameron McKendrick of the Markham Aquatic Club as the 2005 Silver Dolphin National and International Award winner based on his outstanding accomplishments.

CARRIED

24. MINUTES – MARKHAM MUSEUM BOARD:
APRIL 5, 2006 (6.7)

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the minutes of the Markham Museum Board meeting held on April 5, 2006 be received.

CARRIED

25. MINUTES – MARKHAM ADVISORY COMMITTEE ON
ACCESSIBILITY: May 17, 2006 (16.34)

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the minutes of the Markham Advisory Committee on Accessibility meeting held on May 17, 2006 be received.

CARRIED

26. MINUTES – VARLEY-McKAY ART FOUNDATION OF
MARKHAM: April 24, 2006 (6.9)

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the minutes of the Varley-McKay Art Foundation of Markham meeting held on April 24, 2006 be received.

CARRIED

27. MINUTES – CANADA DAY COMMITTEE: APRIL 10, MAY 1,
MAY 15 AND MAY 29, 2006 (16.0)

April 10 May 1 May 15 May 29

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the minutes of the Canada Day Committee from April 10, May 1, May 15 and May 29, 2006 be received.

CARRIED

28. MINUTES – COMMUNITIES IN BLOOM:
APRIL 5 AND MAY 3, 2006 (16.0)

April 5 May 3

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the minutes of the Communities in Bloom Committee meetings on from April 5 and May 3, 2006 be received.

CARRIED

29. COMMUNITIES IN BLOOM PRESENTATION (3.0)

Presentation

Ms. S. Elliot, Project Manager, and Ms. C. Harrison, Project Manager, presented detailed information relating to the Communities in Bloom competition, particularly the proposed judges’ tour. Staff agreed to consider whether banners containing Councillors’ names are contrary to the Sign By-law. The Committee suggested additional garbage collections be scheduled during the judging period to remove any unsightly debris from Town streets. It was also suggested that the stormwater pond at Angus Glen Community Centre be beautified.

Moved by Councillor G. McKelvey

Seconded by Councillor J. Webster

That the presentation by Ms. S. Elliot, Project Manager, and Ms. C. Harrison, Project Manager, regarding the 2006 Communities in Bloom Program, be received.

CARRIED

30. MARKHAM FIRE & EMERGENCY ANNUAL REPORT (3.0)

Report Presentation

Mr. W. Snowball, Deputy Fire Chief, presented the annual Fire and Emergency Report. Highlights included the 2005 recruitment process, the construction and opening of Bur Oak Fire Station and the implementation of the smoke alarm installation program.

Moved by Councillor G. McKelvey

Seconded by Councillor J. Webster

That the 2005 Annual Report from the Markham Fire and Emergency Services (MFES)

be received.

CARRIED

31. AMENDMENTS TO EMERGENCY PLAN MANAGEMENT
PROGRAM AND BY-LAW (2.0)

Report By-law

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the report entitled Amendments to the Emergency Management Program and By-law be received;

That the Deputy Fire Chief, Support Services continue to be the Emergency Management Program Coordinator and be confirmed as such in the proposed by-law revisions;

And that Council approve the restructuring of the Town’s Emergency Management Program Committee. The structure of the committee shall include, at a minimum, the Mayor as ex-officio member, Councillor S. Daurio, the Chief Administrative Officer as chair, the Fire Chief, the Commissioner of Community and Fire Services, the Commissioner of Development Services, the Commissioner of Corporate Services, the Town Solicitor, the Town Clerk, the Town Treasurer, the Emergency Management Program Coordinator, the Director of Corporate Communications, the Director of Human Resources, the Director of Operations, the Director of Financial and Client Services, the Director of Asset Management, the Director of Recreation and Culture Services, the Contact Centre Manager, and, where necessary, representatives from York Region departments (i.e. Police, EMS, Health, Social services, etc.) and staff or members of outside agencies that may be required to assist with emergency management issues (i.e. PowerStream, Red Cross, Salvation Army, Provincial EMO Advisor, etc.);

And that Council approve the members of the aforementioned Committee to serve as the Markham Control Group in the event of an emergency;

And that all personnel identified as being a member of the Markham Control Group participate in an annual training session covering subject matters as determined by the Emergency Management Program Committee;

And that in keeping with the requirement to maintain an emergency exercise routine that an Emergency Alerting Exercise be conducted with the Markham Control Group within the next 60 days;

And that as prescribed by legislation the Town adopt an ongoing and annual practice of exercising the Emergency Plan in a format established by the Town’s Emergency Management Program Committee;

And that the Town participate in a region-wide emergency exercise planned for October 2006;

And that staff be authorized to do all things necessary to finalize plans for the provision of back up electrical power to the Emergency Operations Centre with Markham District Energy and PowerStream and insert those plans and procedures into the Town’s Emergency Procedures Manual;

And that given the requirement to identify an Emergency Information Officer that Council designate the Director of Corporate Communications to be the Town’s Emergency Information Officer;

And that given the additional workload placed onto the Emergency Management Program Coordinator by legislative regulations that Council give consideration to a forthcoming proposal in the 2007 budget deliberations to the provision of one additional Full Time position dedicated to assist in managing the legislated requirements of the Emergency Management Program;

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

And that Council adopt the attached by-law to amend By-law 2004-235.

CARRIED

32. YORK/DURHAM WASTE EA STUDY COMMENTS ON
CONSULTANTS DRAFT REPORT (5.1)

Report Financial Template Application Form

There was considerable discussion surrounding the merits of each of the four (4) waste management options and the Committee sought clarification on the waste processing associated with each option.

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That consideration of the following recommendation be deferred to the June 19, 2006 General Committee meeting and staff be directed to arrange for a detailed presentation from York Region staff on the preferred system to manage post-diversion or residual wastes at this same meeting:

“Whereas the Regions of York and Durham have released, for comment, a Waste EA Study – Comments on Consultant’s Draft Report on Preferred Incineration Options which assess four waste management systems to manage the Regions waste, which are;

System #1: Mechanical and Biological Treatment with Biogas Recovery and Land filling of Stabilized Materials (recyclables and organics removed from residue- landfill inert residue - Halifax system);

System #2a: Thermal Treatment of Mixed Waste with Recovery of Materials from the Ash (incineration of all incoming waste with metal recovery from the ashes, - landfill of ash; energy recovery from waste);

System #2b: Thermal Treatment of Alternative Fuel (recyclables removed from incoming waste then incineration; landfill of ash; energy recovery from waste);

System #2c: Thermal Treatment of Alternative Fuel with Biogas Recovery (recyclables and organics removed from incoming waste then incineration; landfill of ash, energy recovery from waste);

And whereas on May 19, 2006, Markham staff submitted comments on the ‘Draft Report on Preferred Incineration Options’ supporting Option #1 as the system that provides maximum diversion of non renewable resources and has design flexibility to accommodate future increased diversion and reduced feedstock, and indicating that the maximum diversion of recyclables and non renewable resources out of the residue stream must be the paramount criteria for choosing a preferred long term waste management system;

And whereas at the May 30, 2006 meeting of the Joint EA Waste Management Group Option #2a was chosen as the preferred option with Option #2b included only as part of the future RFP process,

Therefore be it resolved that the Report York/Durham Waste EA Study – Comments on Consultant’s Draft Report on Preferred Incineration Options which assess four waste management systems to manage the Regions waste be received;

And that Council endorse staff’s May 19, 2006 comments on the York/Durham Waste EA Study – Comments on Consultant’s Draft Report on Preferred Incineration Options;

And that the Joint Waste Management Group and the Region of York be informed that Option #1 remains the Town of Markham’s preferred Option for treating residual waste;

And that the Region be requested that Option #2b be given equal consideration and opportunity for public comment as the preferred Option #2a;

And that the Region be requested to increase public consultation and communication with the public and interested groups prior to the site selection process;

And that a copy of this Report be forwarded to the Region of York, Durham Region, each of the Area Municipalities in the Regions of York and Durham, and the Ministry of the Environment Environmental Assessment and Approvals Branch.”

CARRIED

33. MARKHAM ENVIRONMENTAL SUSTAINABILITY
FUND (MESF) APPLICATION FORM REVISIONS (3.0, 16.0)

The Committee noted that the Markham Environmental Sustainability Fund Application Form revisions will allow condominium owners to collectively apply for funding but that individual homeowners will be disqualified. Staff agreed to review this matter.

Moved by Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

That the staff report titled Markham Environmental Sustainability Fund (MESF) Application Form Revisions, dated May 1, 2006, be received;

And that Council approve the revisions to the MESF application form and guide to preclude private benefits only, as outlined in this report;

And that Council approve the project application made by the Hunt Club in the amount of $10,000, as evaluated and recommended by staff and as outlined in this report, to be funded from the Markham Environmental Sustainability Fund Account #87 2800168, subject to the following conditions:

1. The Hunt Club agrees to partner with the Town of Markham on three Markham Energy Conservation Office (MECO) initiatives, namely the Energy and Environmental Management System, the Better buildings Partnership and the Advancing High Performance Buildings program;

2. The Hunt Club agrees to provide all the historical (data from prior to the installation of the high efficiency boilers to the present) and future energy data necessary, including hydro, water and gas, to participate in the aforementioned MECO programs;

3. The Hunt Club agrees that the Town of Markham will be entitled to the greenhouse gas credits attributed to the investment in the energy efficient boilers;

4. The Hunt Club agrees to promote energy efficiency and the MESF to other condominium corporations within the Town of Markham, by hosting a workshop at the Hunt Club and demonstrating the energy efficiency initiatives underway at the Hunt Club, including the new boilers;

5. The Hunt Club agrees to promote the MESF and MECO in all communications associated with the Energy Retrofit Assistance Proposal, including any communications to other levels of government related to this project and to the Hunt Club residents.

CARRIED

34. ENVIRONMENTAL MANAGEMENT SUSTAINABILITY PLAN
FINAL REPORT, PHASE 1 (3.0)

Report Environmental Management Report

Moved by Councillor J. Webster

Seconded by Councillor J. Virgilio

That the staff report entitled Environmental Management Sustainability Plan Final Report – Phase One dated May 23, 2006, be received;

And that staff, in conjunction with the staff technical advisory committee, establish a workshop with Council members to discuss the Environmental Management Plan.

CARRIED

35. ENVIRONMENTAL ISSUES COMMITTEE: MINUTES OF
APRIL 28, 2006 - RESOLUTION REGARDING ENVIRONMENTAL
MANAGEMENT SUSTAINABILITY PLAN (3.0, 16.0)