M I N U T E S

GENERAL COMMITTEE

2006-04 -24

Meeting No. 8

Finance & Administrative Issues Transportation Issues

Chair: Councillor S. Daurio Chair: Councillor K. Usman

Vice Chair, Budget: Councillor D. Horchik

Vice Chair, IT: Regional Councillor B. O’Donnell

Attendance

Mayor D. Cousens (11:35am) Deputy Mayor F. Scarpitti Regional Councillor J. Heath Regional Councillor J. Jones Regional Councillor B. O'Donnell Councillor S. Daurio Councillor E. Shapero Councillor J. Virgilio Councillor G. McKelvey Councillor J. Webster Councillor D. Horchik Councillor K. Usman 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. Birrell, Town Clerk B. Cribbett, Treasurer P. Loukes, Director, Operations A. Brown, Director of Engineering A. Mukherjee, Manager, Transportation/ Engineering B. Wiles, Manager, Enforcement and Licensing P. Ingham, General Manager, Operations V. McGrath, Environmental Manager B. Labelle, Committee Clerk

The General Committee convened at the hour of 10:45 a.m. with Councillor S. Daurio in the Chair.

The General Committee recessed at the hour of 1:50 p.m. and reconvened at the hour of

2:17 p.m. with Councillor S. Daurio in the Chair.

At 5:30 p.m. Councillor S. Daurio vacated the Chair and Councillor K. Usman assumed the Chair.

DISCLOSURE OF INTEREST

None disclosed

1. MARKHAM STOUFFVILLE HOSPITAL FOUNDATION’S
GUINNESS WORLD RECORD GOLF DAY
JULY 3, 2006 (12.2.6)

Presentation

Mr. B. Dearsley, Event Organizer, The Event Ambassadors, and Mr. K. Bray, President and CEO of Markham Board of Trade, were in attendance to deliver a presentation on an upcoming fundraiser for the Markham Stouffville Hospital Foundation to be held at Angus Glen Golf Club on July 3, 2006. Mr. Dearsley identified the day long event as the Guinness World Record Golf Day where, among other activities, participants will attempt to break the world record for the most players to walk a course in a day.

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

That the presentation by Mr. B. Dearsley of The Event Ambassadors regarding Markham Stouffville Hospital Foundation’s Guinness World Record Golf Day, be received and the program be endorsed;

And that July 3, 2006 be proclaimed the Guinness World Record Golf Day;

And that Markham staff post information on the event to the Town of Markham’s website.

CARRIED

2. DEPUTATION - CORNELL PUBLIC SCHOOL (5.12)

Mr. J. Hopkins, Principal, Cornell Village Public School, was in attendance to request that the Town of Markham establish a crossing guard and implement all-way stop control on Country Glen Road. He advised Members that due to the increase in the number of primary students projected for the 2007 school year as well as the growing density of the area, the need for assistance when crossing Country Glen Road will continue to increase. Mr. Hopkins indicated that, through fundraising activities, the Cornell Village Public School community will contribute fifty percent (50%) towards the cost of a crossing guard for the first year.

3. CORNELL PUBLIC SCHOOL ADULT
SCHOOL CROSSING GUARD STUDIES
AND ALL-WAY STOP CONTROL WARRANTS (5.12)

Report Attachments

Mr. A. Mukherjee, Manager, Transportation/Engineering, presented a report in which Markham Staff studied the conditions at Country Glen Road adjacent to Cornell Public School. Although Mr. Mukherjee advised that he understood and appreciated the School’s request, when applying the Town’s evaluation criteria, the study did not warrant the need for a crossing guard or all-way stop control measure on Country Glen Road. He also indicated that the study was the fourth (4^th) of its kind to provide an assessment of the traffic conditions in the area and that the results for each report were consistent.

The Committee posed various questions of Mr. Mukherjee in regards to the Town’s assessment process and criteria as well as the traffic conditions around Cornell Public School. He informed the Committee that Staff has worked with Cornell Public School to educate the community on best practices regarding the conduct of drivers dropping off and picking up students. Mr. Mukherjee also noted that this is the first time in which a proponent has agreed to assist with funding towards the implementation of a traffic control measure. Members debated the merits of the request as well as the potential to implement a signalized crossing system for pedestrians instead of hiring an adult crossing guard for the school year.

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor K. Usman

Whereas the Cornell Public School and the Parent and Student Community have made attempts to implement a student patrol program and it failed;

And Whereas the Cornell Public School, the Community and the Parent Association have proposed a fifty percent (50%) cost sharing of the hiring, training and employing an adult crossing guard on Country Glen Road;

Now be it resolved that the report dated April 24, 2006 entitled Cornell Public School - Country Glen Road – Adult School Crossing Guard Studies and All-way Stop Control Warrants, be received;

And that, as an interim measure, the Town of Markham equally share the cost to hire, train and employ an adult crossing guard to assist with students and persons crossing the intersection of Country Glen Road and Cornell Common Rd / Donald Sim Ave for the 2006/2007 calendar school year;

And that Town staff assess and report back to General Committee on the pilot project and on the option of a flashing light at the end of the 2006/2007 calendar school year as to the merits of the interim measure.

CARRIED

4. ANNOUNCEMENT - GREATER TORONTO TRANSPORTATION

AUTHORITY (GTTA) (13.2.7)

Mayor D. Cousens advised the Committee that he had attended a public assembly held by The Honourable Harinder Takhar, Minister of Transportation, Province of Ontario, in which he announced the creation of a Greater Toronto Transportation Authority (GTTA). Mayor Cousens circulated a press release indicating that, when approved, the GTAA will implement a GTA fare card system which would enable commuters to travel on public transit from Durham Region to Hamilton using a single card. The GTTA would also integrate municipal and regional transit planning, coordinate fares and transit service delivery, manage GO Transit, and coordinate the purchase of transit vehicles on behalf of municipalities.

5. YORK REGION TRANSIT
FIVE YEAR SERVICE PLAN (5.14)

Ms. I. McNeil, York Region Transit (YRT), was in attendance to present the York Region Transit Five Year Service Plan. She highlighted the methodology behind the plan noting that a final report will likely go forward to the Regional Transit Committee in June, 2006. Ms. McNeil advised that the YRT had consulted with various stakeholders to consider service strategies, a communications program, fare technology and integration possibilities as well as accessibility initiatives.

Ms. McNeil illustrated a map detailing YRT service planned for Southern York Region from 2006-2010. The Committee posed various questions regarding the planned service routes. Members also discussed outreach and awareness programs targeting students.

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

That the update from Ms. I. McNeil, York Region Transit, regarding the York Region Transit five year service plan, be received.

CARRIED

6. DEPUTATION – ADULT ENTERTAINMENT – GOODS
BY-LAW EXEMPTION (2.12)

Ms. J. Gill, owner, Cupid Boutique, 1 Masseyfield Gate, Town of Markham, was in attendance to request an exemption from the proposed amendment to By-law 2002-286, A By-law Respecting the Licensing, Regulating and Inspecting of Adult Entertainment Parlours for the Provision of Goods which will include the licensing and regulation of establishments that sell adult novelty goods. She indicated that her business has been operating since February 1, 2006 which was prior to her receipt of notice that the sale of adult goods would be regulated by the Town.

Ms. S. Birrell, Town Clerk, Town of Markham, indicated that if the proposed By-law is approved, it would render the business too close in proximity to a residential area and thus prohibit the sale of adult goods. Ms. Birrell noted that unlike Zoning By-laws, Licensing By-laws are applicable on a retroactive basis. She also indicated that an area resident meeting was held in December, 2005 and that public information meeting was held in February, 2006 which informed residents of the Town’s intentions to amend the By-law. Ms. Gill noted that the business was being renovated in December, 2005 and that she had not received notice of the meeting held with the residents

Moved by Councillor G. McKelvey

Seconded by Councillor J. Webster

That the deputation by Ms. J. Gill, owner, Cupid Boutique, 1 Masseyfield Gate, Markham, regarding her request for an exemption to the proposed amendments to By-law 2002-286, A By-law Respecting the Licensing, Regulating and Inspecting of Adult Entertainment Parlours for the Provision of Goods, be received.

CARRIED

7. DEPUTATION – MAIN STREET TRUCK BAN (5.10)

Mr. B. Baird, Sherwood Amberglen Ratepayers Association, was in attendance to support the prohibition of trucks on Main Street but noted concerns with respect to the impending diversion of traffic. Mr. Baird requested information as to how truck traffic will be diverted if the Main Street prohibition takes effect, and recommended that 9^th Line, southbound not be designated as an alternative route.

8. MISSION GREEN PROGRAM INITIATIVES (5.1)

Presentation

Mr. P. Loukes, Director, Operations, and Ms. Claudia Marsales, Manager, Waste Management, were in attendance to highlight the 2005 achievements of the Mission Green program. Mr. Loukes also outlined the 2006 program initiatives and reviewed potential initiatives for 2007 and beyond. He advised that, to date, Markham had achieved a 69% diversion rate.

The Committee posed questions relating to the potential use of blue bags in conjunction with, or in place of, blue boxes. Staff advised that most municipalities agreed that blue bags would be a good alternative for blue boxes, but the Region of York had not yet committed to modify their recycling facilities in order to accommodate the change. Members concurred that a phased in blue bag program would greatly reduce the amount of debris overflow from blue boxes. The Committee also indicated that enhancing the education and outreach component of Mission Green would increase the overall diversion rate. Members also discussed details on cleaning up abandoned shopping carts and Canada Post Super Mailboxes.

Moved by Councillor J. Webster

Seconded by Councillor K. Usman

That the presentation by Mr. P. Loukes, Director, Operations, and Ms. C. Marsales, Manager, Waste Management, regarding the Mission Green Program Initiatives, be received.

CARRIED

9. ELECTION SIGNS (2.16 & 14.0)

Report Appendix B

Mr. B. Wiles, Manager, Enforcement and Licensing, delivered a presentation on proposed amendments to By-law 2002-94, Sign By-law. He indicated that through a workshop with Council and consultation with various stakeholders staff had developed a summary of proposed amendments which would provide greater clarity and align better with Regional Election sign requirements. Mr. Wiles outlined various concerns on the existing regulations raised through the consultation process as well as through previous requests for enforcement to them. He also presented recommended amendments.

The Committee identified and debated a number of the proposed amendments raised in the presentation and suggested amendments to them.

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

That the proposed amendments to By-law 2002-94, Sign By-law regarding Election Signs be deferred to the May 15, 2006 General Committee meeting in order for staff to respond to the recommendations presented by the Committee.

CARRIED

10. ADULT ENTERTAINMENT – GOODS BY-LAW (2.12)

Report

The Committee discussed whether the business known as Cupid Boutique, in operation since February 1, 2006 at 1 Masseyfield Gate, Town of Markham, should be granted an exemption to the distance separation requirements to be proposed along with additional amendments to By-law 2002-286, A By-law Respecting the Licensing, Regulating and Inspecting of Adult Entertainment Parlours for the Provision of Goods. The Committee discussed whether to permit an exemption to the distance requirements similar to the grandfather clause extended to body rub parlours in Markham. Members expressed concerns with the location of the business as it is surrounded by a residential community. The Committee also noted concerns with respect to the existing external signage used by the owner and limiting other adult goods so they are not visible from the exterior of the premises. Staff recommended that if a license is granted, that it be for adult novelty sales only and that it not permit the showing of adult movies. Staff also suggested that if an exemption be granted, it be for the distance separation requirements only, and that all other regulations to be set out by the amendments to By-law 2002-286 be enforced.

Staff agreed to bring forward revisions which would appropriately address the concerns reflected by the Committee with respect to a potential exemption for the business known as Cupid Boutique as well as further conditions.

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

That a by-law be enacted to amend By-law 2002-286, A By-law Respecting the Licensing, Regulating and Inspecting of Adult Entertainment Parlours for the Provision of Goods to:

• Redefine adult goods so that retail establishments whose primary business is the provision of all adult goods, including adult novelties, will be licensed and regulated;
• Provide a regulation to prohibit the display of adult goods, so as to be not visible from the exterior of the premises; and
• Redefine Class B Adult Entertainment Parlours to provide a more proportionate measurement that distinguishes these businesses from Class A;

And that an exemption to the distance separation requirements included in the proposed By-law 2002-286 be approved for Cupid Boutique, 1 Masseyfield Gate, Town of Markham,

And that staff bring forward a report to the May 9, 2006 Committee of the Whole containing the conditions upon which the exemption would be granted, including:

• Entering into an agreement
• Not being transferable
• No sale of videos
• Items and advertisement of items not visible from the exterior of the building
• Five years with no option for renewal

CARRIED

11. INFORMATION TECHNOLOGY SUB-COMMITTEE
MINUTES OF FEBRUARY 21, 2006 MEETING (7.13 & 16.34)

Minutes

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the minutes of the Information Technology Sub-Committee meeting held on February 21, 2006 be received.

CARRIED

12. FACILITY GROUP INSURANCE PROGRAM FOR
SATELLITE FACILITIES (4.0 & 6.0)

Report

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the report dated April 24, 2006 entitled Facility Group Insurance Program for Satellite Facilities, be received;

And that the current Town Operated Facilities Group Insurance Program (SportsCan) be expanded to include all Satellite Facilities.

CARRIED

13. MARKHAM COMMUNITIES IN BLOOM BANNER
PROGRAM AND GATEWAY SIGNAGE (3.0 & 3.13)

Report

The Committee briefly discussed where Communities in Bloom (CIB) banners were going to be erected within the Town. When asked, staff confirmed that banners are a tangible way to demonstrate corporate involvement in the CIB initiative. Staff confirmed that all banners will be taken down by the end of October, 2006. Members suggested that banners be erected in other areas throughout the Town rather than in just those which will be visited by the judges.

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the report entitled Markham Communities in Bloom Banner Program and Gateway Signage, be received;

And that Council approve the Markham Communities in Bloom Committee request to establish a Markham Communities in Bloom banner sponsorship program;

And that the existing sign By-Law 2002-94 be amended to include Town of Markham-approved Markham Communities in Bloom banners as listed signage exempt from by-law regulations;

And that Council approve the addition of sign tag on Markham population signs to state “Markham Communities in Bloom – Provincial Champions.”

CARRIED

14. STAFF AWARDED CONTRACTS FROM FEBRUARY 1
TO MARCH 31, 2006 (7.12)
Report

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the report entitled Staff Awarded Contracts for the period from February 1 to March 31, 2006, be received.

CARRIED

15. AWARD OF TENDER #001-T-06 AND RFP #012-R-06
14^TH AVENUE WATERMAIN CONSTRUCTION, MCCOWAN
ROAD TO BOXWOOD CRESCENT (7.12.1)

Report

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the report entitled Award of Tender # 001-T-06 and RFP # 012-R-06, 14^th Avenue Watermain Construction, McCowan Road to Boxwood Crescent, be received;

And that the contract for tender #001-T-06 for the construction of the watermain be awarded to the lowest price qualified bidder, Pachino Construction Co. Ltd. in the amount of $4,766,355.14 exclusive of GST;

And that a contingency amount of $480,000 exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit and to provide monthly statements of these expenditures to the Town Treasurer;

And that RFP #012-R-06 for construction inspection and contract administration services be awarded to the highest ranked and lowest price qualified consultant, Totten Sims Hubicki Associates in the amount of $92,500 exclusive of GST;

And that a contingency amount of $9,250 exclusive of GST be established to cover any additional construction inspection and contract administration and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

And that staff be authorized to issue a quotation to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical service, materials testing and settlement monitoring at the CN Rail crossing before, during and up to one year after the construction for an upset limit not to exceed $75,000 exclusive of GST;

And that staff be authorized to pay $1,850 exclusive of GST to CN Rail for the approval fee and issue a purchase order to CN Rail for an amount not to exceed $25,000 exclusive of GST for the execution of the Standard Pipe Crossing Agreement for the costs associated with the review, construction coordination and flagging protection services during construction;

And that staff report back to Council with respect to including these and other costs in updates to the existing development charge by-laws;

And that the Finance and Engineering Department report back to Council on the impact of this project and other Engineering capital projects funded from Development Charges on project debt financing requirements;

And that the award be funded from the previously approved Engineering Capital accounts 083 5350 6745 005 (2005 Capital budget) in the amount of $2,200,000 and 083 5350 7264 005 (2006 Capital Budget) in the amount of $5,000,000 for a total funding of $7,200,000;

And that upon payment of all the invoices, any remaining funds will be returned to the original funding source.

CARRIED

16. AWARD OF TENDER #190-T-05 CONSTRUCTION
OF BERZCY NEIGHBOURHOOD PARK (7.12.3)

Report Attachment

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the report entitled Award of Tender #190-T-05, Construction of Berczy Neighbourhood Park, be received;

And that the contract for tender #190-T-05 for the construction of Berczy Neighbourhood Park be awarded to the lowest price qualified bidder, Salivan Landscape Ltd. in the amount of $344,152.00 exclusive of GST;

And that a consultant contingency amount of $15,000.00 exclusive of GST be established to cover any additional consulting services and/or sub-consulting fees and that the Manager of Parks and Open Space Development be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy;

And that a construction contingency amount of $45,000.00 exclusive of GST be established to cover any additional construction costs including authorized contingencies and approved change orders, and that the Manager of Parks and Open Space Development be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy;

And that this award be funded from Planning and Urban Design’s 2003 Capital Budget account #81-5350-5191-005 in the amount of $540,000.00;

And that the balance of funds in the account in the amount of $94,448.00 be retained and used, as required, at a later date, for additional park features within this park in accordance with the Purchasing By-law;

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. AWARD OF TENDER #022-T-06 CONSTRUCTION OF MILLIKEN
MILLS PARK SPLASH PAD AND PLAYGROUND RETROFIT (7.12)

Report Attachment

When asked, staff confirmed that the target completion date for this project was September, 2006.

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the report entitled Award of Tender #022-T-06, Construction of Milliken Mills Park Splash Pad and Playground Retrofit, be received;

And that the contract for tender #022-T-06 for the construction of Milliken Mills Park Splash Pad and Playground Retrofit be awarded to the lowest price qualified bidder, Zuron Construction Ltd. in the amount of $451,613.00 exclusive of GST;

And that a contingency amount of $87,086.00 exclusive of GST be established to cover any additional consulting services and/or construction costs including authorized contingencies and approved change orders, and that the Manager of Parks and Open Space Development 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 2003 Capital Account #81-5350-5259-005 in the amount of $585,072.00;

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

CARRIED

18. AWARD OF TENDER #015-T-06 - ROAD
REHABILITATION PROGRAM (7.12.2)

Report Attachments

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the report entitled Award of Tender 015-T-06 Road Rehabilitation Program, be received;

And that the contract for Tender 015-T-06 Road Rehabilitation Program be awarded to the lowest price bidder, Furfari Paving in the amount of $4,400,000.00 exclusive of GST;

And that the Director of Operations and Director of Financial & Client Services be authorized to exercise the option to renew the contract for an additional 2 years (2007-2008) at the 2006 itemized prices subject to performance and budget approval;

And that the award be funded from the 2006 Road Rehabilitation Program that is provided for in the Operations Departments 2006 Capital budget accounts and next year’s budgets upon approval;

And that additional funds in the amount of $500,000 be transferred from the Life Cycle reserve account #087 2800200 to fully fund the proposed 2006 Asphalt Re-Surfacing Program including Curb & Sidewalk repair, Interlocking repairs, Consulting Fees and Rental Vehicles.

CARRIED

19. AWARD OF TENDER #035-T-06 CONCRETE MAINTENANCE AND
#036-T-06 ASPHALT MAINTENANCE (7.12.2)

Report

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the report entitled Award of Tender 035-T-06 Concrete Maintenance and 036-T-06 Asphalt Maintenance be received;

And that the contract for Tender 035-T-06 Concrete Maintenance be awarded to the lowest price bidder, VTA Construction in the amount of $600,000.00 exclusive of GST;

And that the contract for Tender 036-T-06 Asphalt Maintenance be awarded to the lowest priced bidder, D. Crupi & Sons in the amount of $479,396.00 exclusive of GST;

And that the Director of Operations and Director of Financial and Client Services be authorized to exercise the option to renew the contracts 035-T-06 Concrete Maintenance and 036-T-06 Asphalt Maintenance for an additional 2 years (2007-2008) at the 2006 itemized prices subject to performance and budget approval;

And that the awards be funded from the Roads Department 2006 Operating and Capital budget accounts and next year’s budget upon approval;

And that the Director of Operations and the Director of Financial & Client Services be authorized to reallocate funds between this blanket order to maximum of 20% of the estimated blanket amount for the duration of the contract, to a combined annual total not to exceed $1,079,396.00 exclusive of GST.

CARRIED

20. DRAFT 2005 CONSOLIDATED FINANCIAL STATEMENTS (7.2)

Report Auditor's Report Attachments

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

That the report Draft 2005 Consolidated Financial Statements be received;

And that Council approve the Corporation of the Town of Markham’s Draft Consolidated Financial Statements for the fiscal year ended December 31, 2005;

And that Council authorize staff to issue the Consolidated Financial Statements for the fiscal year ended December 31, 2005 upon finalization of all consolidated amounts;

And that two new reserves, the “Election Expenses Reserve” and the “Election Rebate Reserve”, be established;

And that Council authorize the transfer of $484,100 from the 2005 Surplus to the Election Expenses Reserve to fund election expenses;

And that Council authorize the transfer of $150,000 from the 2005 Surplus to the Election Rebate Reserve to fund future election rebate expenses;

And that the funds required to offset the 2006 election expenses be transferred from the Election Expenses Reserve to the Operating Fund;

And that annual transfers to, or draws from the Election Expense Reserve and the Election Rebate Reserve be considered during annual budget deliberations.

CARRIED

21. PAPERLESS AGENDA SYSTEM (16.23)

Report Attachments

When asked, staff confirmed that the installation of any equipment related to the paperless agenda system will not decrease the amount of work space available at the Councillors’ desks within the Council Chamber. Members expressed concerns with respect to the accessibility of the system and its interface(s). Staff indicated that there will be further stakeholder meetings to discuss potential variations of the equipment and processes and that consent from the majority will be reached prior to implementation.

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

That, consistent with Markham’s high tech image and the green initiative, staff be authorized to implement a paperless agenda system for Standing Committee, Committee of the Whole and Council meetings concurrent with the new term of Council;

And that RFP 068-R-05 Electronic Agenda Software Management be awarded to the highest ranked and the lowest priced proponent, IKON, in the amount of $120,239.64 inclusive of disbursements, maintenance and support for four (4) years and exclusive of GST, to be funded from the Life Cycle Replacement and Capital Reserve;

And that the remaining costs associated with this project, not to exceed $100,000, be funded from the Replacement and Capital Reserve;

And that all Standing Committee, Committee of the Whole and Council meetings be held in the Council Chamber and that computer equipment be installed in the Chamber for Members of Council and Senior Management;

And that a Project Manager be contracted to manage the project during the election year.

CARRIED

22. COUNCIL MEETING DECORUM (16.23)

Report

The Committee raised safety concerns with respect to the accessibility of the Council Chamber. The Committee agreed that staff should look at the possibility of installing a card access reader on the door behind the dias as well as installing partitions at each side in order to prohibit any persons from being able to approach Councillors during a meeting. Although staff indicated that the proposed amendments in question related more to the principles of decorum, they agreed to review the safety concerns noted by Members and report back. Staff advised that information regarding Council meeting decorum will be included on the public deputation applications as well as posted at both entrances to the Council Chamber.

The Committee debated the use of mobile electronic devices used during Committee meetings and whether they should be permitted. Staff noted that the main reason for prohibiting the use of mobile electronic devices is to eliminate any unfair advantage or perceived disadvantage afforded to members of the public who are able to communicate electronically with Councillors during a Committee meeting.

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That a by-law be enacted to amend By-Law No. 2001-1, “A By-Law to Govern the Proceedings of Council and Committees of Council” as follows:

1. 3.13 Delegations – add the following new subsection (5):

“Delegates shall respond to questions from the Members of Council only through the Chair.”

2. 3.14 Decorum – add the following new section:

1. Attendees at a meeting shall maintain order and shall not display signs or placards, heckle or engage in telephone or other conversation or any behaviour that may be considered disruptive.

2. All cell phones and electronic devices shall be turned off and/or set to silent mode during a meeting.

3. The Chair may request security to expel or exclude from any meeting any person who disrupts the meeting.

4. No person, except Members of Council and staff of the Town, shall be allowed to approach the dias where the Members of Council are seated.

5. Members of the public are permitted to distribute materials for Council through the Clerk.

3. Renumber the existing Sections 3.14 to 3.26 to 3.15 to 3.27;

And further, that staff be directed to prepare a communication explaining the rules and the need for same that will be displayed on the large screens in advance of Council meetings and the deputation application form be amended to include similar information.

CARRIED

23. USE OF TORONTO FIRE SERVICES
TRAINING FACILITIES (7.15)

Report Attachment

Moved by Councillor J. Virgilio

Seconded by Councillor K. Usman

That Council authorize the Mayor and Clerk to sign a Permission, Release, Covenant and Indemnification to the City of Toronto and the Toronto Fire Services respecting the use of Toronto Fire Services training facilities for training exercises by Town of Markham recruit firefighters, in a form satisfactory to the Town Solicitor.

CARRIED

24. ENVIRONMENTAL ISSUES COMMITTEE: MINUTES OF
MARCH 30, 2006 AND MARCH 31, 2006 (3.0)

March 30 March 31

a) Environmental Issues Committee Minutes -and- Markham Environmental Sustainability Fund Applications

The Committee raised concerns with respect to the approval of Markham Sustainability Fund (MESF) applications by way of the receipt and approval of the Environmental Issues Committee (EIC) minutes.

Staff confirmed that they will provide General Committee with a copy of the Environmental Management Plan which will be presented to EIC on April 27, 2006 as well as a list of any amendments made to the document at that meeting.

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

That the minutes of the Environmental Issues Committee meeting held on March 30, 2006 and March 31, 2006, and the recommendations noted therein be deferred to the General Committee meeting on May 1, 2006;

And that staff prepare a report for the General Committee meeting on May 1, 2006 summarizing the MESF applications being recommended by the Environmental Issues Committee at its meeting on March 30, 2006.

CARRIED

b) Terms of Reference for the Markham Environmental Sustainability Fund

Members noted concerns regarding a Markham Environmental Sustainability Fund (MESF) application submitted by Mr. Vetere on behalf of the Hunt Club Condominium Corporation which requests $10,000 to cover a portion of the expenses related to the installation of high efficiency boilers at the private residence of The Hunt Club, 610 Bullock Drive, Markham. Staff advised that the application was within the Terms of Reference for the MESF and that consideration had been deferred to the next meeting of the Environmental Issues Committee (EIC) to address concerns with respect to an incomplete application. It was indicated that the application created considerable debate at EIC and that the MESF was not originally created with intentions to allocate funding to private corporations. It was suggested that a policy decision be made at the Committee and Council level prior to the consideration of the application submitted by the Hunt Club Condominium Corporation.

Moved by Councillor D. Horchik

Seconded by Councillor G. McKelvey

That staff prepare and present a report to a forthcoming General Committee meeting with respect to possible amendments to the Terms of Reference for the Markham Environmental Sustainability Fund (MESF) which will review the consideration of applications submitted by private corporations;

And that the application submitted by Mr. Vetere on behalf of the Hunt Club Condominium Corporation which requests $10,000 to cover a portion of the expenses related to the installation of high efficiency boilers at the private residence of The Hunt Club, 610 Bullock Drive, Markham, and any other applications made on behalf of private corporations be deferred until this report is brought forward;

And that Mr. Vetere be forwarded written notice of this decision.

CARRIED

c) Alternate Member for the Markham Environmental Issues Committee

Members raised concerns with respect to an item entitled Member Updates addressed in the March 30, 2006 minutes of the Environmental Issues Committee (EIC) in which it was indicated that Mr. P. Ling, Markham Conservation Committee, will be authorized to exercise voting privileges in the absence of the appointed Member from the Markham Conservation Committee, Mr. B. Mersey. The Committee agreed that this decision be authorized by way of Committee resolution.

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

That Mr. P. Ling, be appointed as the Markham Conservation Committee (MCC) alternate on the Markham Environmental Issues Committee (EIC).

CARRIED

25. ENVIRONMENTAL ISSUES COMMITTEE

PHASE 2 – TURF CARE AND MAINTENANCE
PRACTICES REVIEW – REQUEST FOR APPROVAL (3.0)

Memorandum

The Committee requested clarification on the methodology and practices for the Turf Care and Maintenance Practices Review and the direction presented to the consultants engaged to undertake the assessment. It was indicated that a final staff report will come forward to General Committee providing a summary of the current costs for the Town’s existing turf maintenance practices, the current levels of service, what is being delivered to users, and options with associated costs regarding the possibility of introducing alternative cultural practices.

Members discussed the potential Membership list for participants to attend a roundtable workshop noted to be a component of Phase Two (2) of the Turf Care and Maintenance Practices Review.

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

That the memorandum outlining the model for Phase Two (2) of the Turf Care and Maintenance Practices Review, be received and that Phase Two, be approved;

And that participation in the roundtable workshop noted to be a component of the Turf Care and Maintenance Practices Review be limited to Markham staff and the designated consultants.

CARRIED

26. MAIN STREET TRUCK PROHIBITION (5.12)
Presentation

Mr. A. Brown, Director, Engineering, delivered a presentation regarding the proposal to prohibit trucks on Main Street, Markham. The Committee discussed the timing of the proposal as well as the diversion routes available to trucks if and when the prohibition comes into effect.

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the presentation by Mr. A. Brown, Director, Engineering, regarding the Main Street truck prohibition be received;

That the deputation by Mr. B. Baird, Sherwood Amberglen Ratepayers Association, regarding his request that 9^th Line not be designated an alternative route for truck traffic if the prohibition of trucks on Main Street comes into effect, be received;

And commencing June 1, 2006, trucks be prohibited on Main Street, Markham, and that staff prepare and present a report to General Committee on May 15, 2006 summarizing the details of the prohibition and any costs involved;

And that the Town of Markham request the Region of York continue the ban trucks from Highway 7 down 9^th Line all the way to Steeles Avenue.

27. HAGERMAN CORNERS VEHICULAR INFILTRATION (5.12)

Report Attachment A B

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That the report entitled Hagerman Corners Vehicular Infiltration dated April 24, 2006, be received;

And that the attached amended By-law, 106-71- Schedule 9, Prohibited Turns, be approved to include a northbound left turn and southbound right turn prohibition at the intersection of Brimley Road and Lee Avenue between 7:00 a.m. and 9:00 am, any day;

And that the Region of York be requested to implement a westbound left turn prohibition at the intersection of 14^th Avenue and Noble Street between 7:00 a.m. and 9:00 am, any day, and an eastbound no through prohibition at the intersection of Kennedy Road and Lee Avenue anytime;

And that the Operations Department be directed to install the proposed signs for the Town related turn prohibitions upon approval of the attached by-law;

And that York Regional Police be requested to enforce the proposed turn prohibitions immediately following sign installation;

And that staff monitor the subject area following the implementation of the turn prohibitions and report back if further by-law amendments are needed.

CARRIED

28. CITY OF TORONTO MARKHAM BY-PASS/
MORNINGSIDE AVENUE EXTENSION (5.10)

Report

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That this item be deferred to the May 1, 2006 General Committee meeting.

CARRIED

29. SPEED LIMIT REVISION – 14^TH AVENUE (5.12.2)

Report Attachments

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

That the report entitled 14^th Avenue Speed Limit, dated April 24, 2006, be received;

And that Council endorse the proposal to reduce the speed limit on 14^th Avenue (Markham Road to Ninth Line) from 60km/h to 50 km/h as proposed by the Region of York in their report dated February 16, 2006;

And that the Regional Clerk be advised accordingly.

CARRIED

30. MARKHAM ENGINEERING
CAPITAL PROJECTS UPDATE (5.0)

Presentation

Mr. A. Brown, Director, Engineering, and Mr. A. Arbuckle, Manager, Infrastructure and Capital Works, will be in attendance to provide a verbal update.

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor F. Scarpitti.

That this item be deferred to the May 1, 2006 General Committee meeting.

CARRIED

31. RESOLUTION – CITY OF VAUGHAN – STATUS OF (13.5.2)
UNDOCUMENTED WORKERS

Letter Extract

Moved by Councillor A. Chiu

Seconded by Deputy Mayor F. Scarpitti

That the letter dated April 13, 2006 from the City of Vaughan requesting the Federal Minister of Citizenship and Immigration to normalize the legal status of undocumented workers, based on strict eligibility criteria, in a timely and equitable manner, be received.

CARRIED

ADJOURNMENT

The General Committee adjourned at the hour of 6:12 p.m.