M I N U T E S

GENERAL COMMITTEE

2007-09-17
Meeting No. 22

Finance & Administrative Issues Community Services Issues

Chair: Councillor J. Virgilio Chair: Councillor A. Chiu

Chair, Budget Sub-Ctte: Councillor D. Horchik Transportation Issues

Chair: IT Sub-Ctte: Reg. Councillor J. Jones Chair: Reg. Councillor G. Landon

Chair: Grants Sub-Ctte: Councillor V. Burke Environment & Sustainability Issues

Chair: Councillor E. Shapero

Attendance

Mayor F. Scarpitti Regional Councillor J. Jones Regional Councillor 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 L. Kanapathi Councillor A. Chiu

J. Livey, Chief Administrative Officer C. Conrad, Town Solicitor A. Taylor, Commissioner of Corporate Services J. Baird, Commissioner of Development Services A. Seabrooke, Acting Director, Library Services, Fire Services, Recreation and Culture P. Loukes, Acting Director, Operations and Water Works S. Birrell, Town Clerk B. Cribbett, Treasurer B. Labelle, Committee Clerk

The General Committee convened at the hour of 9:05 a.m. with Councillor J. Virgilio in the Chair.

DISCLOSURE OF INTEREST

None.

1. PROPOSAL FOR A MARKHAM CAT SHELTER/ADOPTION
CENTRE (3.3)
Deputation

Ms. D. Cox and Ms. C. Cohen, North Toronto Cat Rescue, were in attendance to propose the development of a Markham Community Cat Shelter. The proposed “no kill” facility would operate independently from any other animal shelter currently under the auspices of the Town, and would be volunteer based and funded by adoption fees as well as private and corporate donations. The delegation suggested that the Town provide assistance in locating a suitable detached building in an appropriately zoned area for such a facility.

The Committee thanked the deputants and posed various questions with respect to the Town’s use of the Whitby shelter. Staff advised that, on average, sixteen cats a month are euthanized when there is no other alternative available. It was also noted that the number of euthanizations has been reduced since staff and the Town of Markham Animal Care Advisory Committee have actively promoted education, awareness and fundraising campaigns as well as running animal adoption programs. Members agreed that staff should review feasibility of the proposal and report back.

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That the presentation by Ms. D. Cox and Ms. C. Cohen, North Toronto Cat Rescue, regarding their proposal for a Markham Community Cat Shelter be received and referred to the Director of Planning and the Director of Corporate Communications to coordinate a report back to a forthcoming General Committee meeting.

CARRIED

2. RECORDS RETENTION (12.1)

Report

Ms. S. Birrell, Town Clerk, advised of a proposed amendment to the Town’s Retention By-law which would delete any reference to Councillor records. Staff noted records retention requirements would still apply to the Mayor’s records. Councillor records including notes and emails, would not. In reviewing the legislation and surveying other municipalities it was staff’s determination that Councillor files are consistently not considered a corporate record and should therefore remain the property of Councillors. Staff clarified that if a Councillor’s email was forwarded or carbon copied to any Town staff it may be reconsidered as a corporate document if requested through the Municipal Freedom of Information and Protection of Privacy Act. The Committee discussed the deletion of personal records and the process one must follow to access corporate records under the current By-law.

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That By-Law 2001-101, “A By-Law Establishing Schedules of Retention Periods for all Records Kept by the Town of Markham” be amended to delete reference to Councillor records;

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

CARRIED

3. LEGAL AND OPERATIONAL IMPLICATIONS OF THE
WALKERTON INQUIRY PART II REPORT FOR THE
TOWN OF MARKHAM (5.3)

Report Presentation

Mr. P. Loukes, Acting Director, Operations and Water Works, advised of several upcoming presentations to General Committee regarding the legal and operational implications of the Walkerton inquiry. Ms. C. Conrad, Town Solicitor, presented background information on the recommendations of the Walkerton Inquiry Report noting several new legislative and legal obligations on the part of the specified owner and operating authority as well as the Town. Ms. Conrad noted the statutory duties provided for in the Safe Drinking Water Act, 2002 and the Nutrient Management Act, 2002 and advised of the offences and penalties associated with the legislation. Mr. J. Klaus, Manager, Waterworks, discussed the legislative implications for waterworks operations within the Town of Markham. He advised of several specific regulations put forward by the various Acts and discussed the operational impacts of each as well as the Town programs designed to comply with the legislation.

Ms. T. Beznat, Bayview Glen Residents Association, was in attendance to suggest that staff review and report back on water safety as it pertains to modifications made to the sanitary sewage system through the widening of Bayview Avenue.

The Committee discussed budgetary implications associated with the new regulations, noting substantial increases in order to facilitate a more broadened sampling program as well as other necessary operational changes. Members requested that details relating to the financial impacts be reported back to General Committee as part of a future presentation. The Committee also discussed potential liability for Regional Councillors under the new legislation.

Moved by Councillor J. Virgilio

Seconded by Councillor E. Shapero

That the report titled “Legal and Operational Implications of the Walkerton Inquiry Part II Report for the Town of Markham” and attached presentation from staff be received;

And that staff report back on the details of the Municipal Drinking Water Licensing Program implemented under the Safe Drinking Water Act;

And that staff report back on the requirement to implement a Quality Management System governing the operations of the Markham water distribution as part of the Municipal Drinking Water Licensing Program;

And that staff schedule the working sessions of Council to provide further information related to the Municipal Drinking Water Licensing Program and the required Quality Management System governing the operations of the Markham water distribution system;

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

CARRIED

4. STORM WATER MANAGEMENT SYSTEM REVIEW AND
STUDY IN THORNHILL (5.3)
Report 1

Mr. S. Andrews, Director, Asset Management, presented information regarding a proposed modelling exercise designed to study the storm water system and capacity in the Thornhill area. It was noted that this was likely the first of many to examine the infrastructure in place in older areas throughout the Town in order to uncover bottlenecks in the system and determine improvements required to handle peak flows.

The Committee expressed concerns regarding the calibration of the system. Staff clarified that the there had already been data collected that would be used to calibrate the system in addition to data received from upcoming rainfalls and storms. Members also expressed concerns with respect to overland flows noting the severity of the flooding as a result of the August 19, 2005 storm. Staff advised that a report forthcoming to General Committee in October would address the issue of overland flows and propose several options in response. Included in this report would be information on downspout disconnection and other programs to assist homeowners on the matter. Members also expressed concern regarding the timing proposed for the modelling exercise as well as to produce the information report at hand. Staff advised the one year period was necessary in order to compile accurate data and that there had been a significant amount of work completed to prepare for the exercise.

There was discussion regarding the potential to undertake residential audits where necessary. The Committee suggested that the Toronto and Region Conservation Authority (TRCA) be advised of all aspects of the program and involved in upcoming meetings. Staff noted that the TRCA would be advised accordingly and that other municipalities such as the City of Vaughan, the City of Toronto and the Town of Richmond Hill would also be consulted with when necessary. The Committee commended the efforts of staff in producing a brochure to residents communicating the Town’s planned responses to matters stemming from the August 19, 2005 flood.

Ms. T. Beznat, Bayview Glen Residents Association, and Ms. E. Ellison, Ward One South Residents Group, spoke in support of the staff recommendation. Ms. Beznat noted that as a component of the assessment, staff should review the variances approved in the Thornhill area in terms of whether they had any significant impact on the flooding that occurred following the August 19, 2005 storm. Ms. Beznat advised the issue was a regional one and must be dealt with holistically in order to achieve a long term solution. Both deputants also requested that their respective associations as well as residents in Thornhill be contacted to participate as active stakeholders in the assessment process. Ms. Ellison noted that communication between Town staff and the Thornhill community should improve and suggested that the Waterworks Department may benefit from hiring additional full time staff to assist with the modelling exercise.

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor G. Landon

That the staff report entitled “Storm Water Management System Review and Study in Thornhill”, dated September 17, 2007, be received;

And that staff be authorized to prepare and issue an RFP to retain a consultant to complete a storm water management system review and study in the Thornhill area;

And that the cost to complete the detailed hydraulic analysis of the storm water system in the Thornhill area will be approximately $500,000 and this will be funded from the Operations Department’s 2006 Capital Budget Rain Storm Damage Account #050-6150-7194-005;

And that this study be used as a template to complete similar studies in other old areas of the Town;

And that staff report back to Council with proposed recommendations and associated costs from the study when it is complete;

And that staff establish a liaison committee comprised of Town staff, Wards One (1) & Two (2) Councillors, representatives from the Ward One (1) South Residents Group, the Bayview Glen Residents Association and other Thornhill resident groups, representatives from the Region of York, staff from municipalities impacting the Thornhill area, and representatives from the Toronto and Region Conservation Authority (TRCA);

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

CARRIED

5. PROCEEDING WITH A COMMUNITY SUSTAINABILITY
PLAN (5.7)

Report 1

Ms. V. McGrath, Acting Manager, Executive Operations, provided a brief overview of the proposed Markham Community Sustainability Plan. The Committee discussed the function of the proposed plan and whether it should be renamed to identify more with an environmental focus. Staff clarified that the Community Sustainability Plan was a comprehensive strategy which will have environmental implications but will also have a social and economic focus.

Moved by Mayor F. Scarpitti

Seconded by Councillor C. Moretti

Whereas the Council of the Town of Markham has supported the implementation of a Green Print that we approve the establishment of a Community Sustainability Plan;

And that the staff report entitled “Proceeding with a Community Sustainability Plan”, dated September 17, 2007, be endorsed;

That staff be authorized to develop a Request for Proposal and to retain a consultant to undertake a Community Sustainability Plan in 2008 for the Town of Markham, as outlined in this report, to an upset limit of $120,000, to be funded by the Gas Tax as identified in the 2008 capital budget process;

And that staff report on the progress of the Community Sustainability Plan through General Committee;

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

CARRIED

6. KITE FLYING ISSUE IN SCARBOROUGH AND MARKHAM (5.7)

Communication

The Committee briefly discussed issues associated with the flying of kites.

Moved by Regional Councillor J. Heath

Seconded by Councillor L. Kanapathi

That the email dated July 11, 2007 from Mr. A. Khan the Council of the Town of Markham expressing concern regarding issues relating to kite flying in the Town of Markham be received and referred to Operations staff to monitor the issue and issue a memo to Council.

CARRIED

7. ILLEGAL SIGNAGE (2.16)

Communication

Council expressed concerns regarding the posting of illegal signage throughout the Town and the process currently in place for staff to remove them. Staff provided a brief review of the matter of illegal signs.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the email dated August 27, 2007 from Mr. J.T. Brazier to Regional Councillor J. Heath expressing concern regarding the posting of illegal signs throughout the Town of Markham be received.

CARRIED

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Moved by Mayor F. Scarpitti

Seconded by Councillor L. Kanapathi

That the Committee resolve in-camera to discuss a confidential matter with respect to the Markham District Energy Incorporation (MDEI) (11:25 a.m.).

CARRIED

Moved by Councillor C. Moretti

Seconded by Councillor A. Chiu

That the Committee rise and report (11:45 a.m.)

CARRIED

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ADJOURNMENT

The General Committee adjourned at 11:45 a.m.