Meeting No. 15

That a Condominium Working Group to identify issues/options with respect to services received and taxes paid by condominiums that the Town of Markham could support and advocate for at the Provincial level be established;

And that the Terms of Reference attached to the staff report entitled “Markham Association of Townhome Condominium Owners (MATCO)” be adopted by the Condominium Working Group for its report;

And that the following composition be approved and the appointments made:

- 3 Councillors (Regional Councillor G. Landon, Councillor J. Virgilio, Councillor D. Horchik, Mayor F. Scarpitti, Ex-Officio)

- 2 MATCO Members

- 1 Non-MATCO Condominium Association Member

- 2 Finance Department Staff, Town of Markham

- 2 Non-Condominium homeowners

- 1-2 Other Town of Markham staff as necessary (Operational Department, etc.);

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

CARRIED

(2) AUDITOR GENERAL POSITION (13.2)

That the presentation “Auditor General Position” be received; and

That Markham’s Auditor General report directly to the General Committee of Council; and

That the Auditor General position shall be filled initially with a two year full-time contract and, that a full review of the Auditor General position and its value to the Corporation be undertaken at the end of the two year contract; and

That the Auditor General be responsible for assisting Council in holding itself and its administrators accountable for the quality of stewardship over public funds and for achievement of value for money in municipal operations; and

That the Auditor General shall semi-annually submit a six month audit plan to the General Committee; and

That no deletions or amendments to the six month audit plan be made except by the Auditor General, other than Council may add to the audit plan by simple majority vote; and

That the Auditor General report out quarterly to the General Committee; and

That the appointment of a person to the position of the Auditor General be made, suspended or revoked by a simple majority vote of Council; and

That an Auditor General Interview Committee be established, comprised of Mayor Scarpitti, Chair of the Finance Committee, Councillor Joe Virgilio and Chair of the Budget Sub-Committee, Councillor Dan Horchik; and

That staff report back to a forthcoming meeting of General Committee with the proposed composition and mandate of an Audit Committee; and

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

CARRIED AS AMENDED (13:0)

(See following motions to amend)

Paragraph 2

Council consented to separate the question on the following paragraph 2 of Clause (2), Report No. 54:

"That Markham’s Auditor General report directly to the General Committee of Council;"

CARRIED (11:2)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (11)

NAYS: Deputy Mayor J. Jones, Regional Councillor G. Landon. (2)

Paragraph 3

Moved by Regional Councillor J. Heath

Seconded by Councillor L. Kanapathi

That Clause (2), Report No. 54 be amended to add the following to the end of paragraph 3:

"…and, that a full review of the Auditor General position and its value to the Corporation be undertaken at the end of the two year contract."

CARRIED (7:6)

(See following recorded vote)

YEAS: Regional Councillor J. Heath, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (7)

NAYS: Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor C. Moretti, Councillor A. Chiu. (6)

Paragraph 4

That paragraph 4 of Clause (2), Report No. 54 be revised to read as follows:

From:

"And That the Auditor General’s responsibility shall be to carry out financial, compliance, and performance audits;"

To:

"That the Auditor General be responsible for assisting Council in holding itself and its administrators accountable for the quality of stewardship over public funds and for achievement of value for money in municipal operations;"

CARRIED

(3) EXTERNAL AUDIT SERVICES, RFP 051-R-07 (7.0)

That the report entitled “External Audit Services, RFP 051-R-07” be received;

And that the contract for External Audit Services, RFP 051-R-07 be awarded to the highest ranked, second lowest priced proponent KPMG LLP Chartered Accountants for a three year period, commencing with the 2007 fiscal year end, for a total award of $383,400 exclusive of GST and disbursements;

And that Staff be authorized to increase the contract value for years 2 & 3 up to a maximum of 2% per year;

And that Council request that Markham District Energy (MDE), Markham Energy Corporation, Varley-McKay Art Foundation of Markham and Innovation Synergy Centre in Markham (ISCM) award their audit services to KPMG as provided for within the proposal;

And that the award for the 2007 audit be funded from the respective 2007 Operating budgets, with any shortfall being absorbed in 2007;

And that the 2008 to 2009 operating budgets be adjusted if required to include the increases as reflected in the KPMG proposal;

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

(4)        PURCHASE OF SPONSORSHIP
            YORK REGION CHILDREN’S AID FOUNDATION
            BLUE MOON GALA (7.9)

That Council purchases a table of 10 for the York Region Children’s Aid Foundation - Blue Moon Gala on Friday, October 12, 2007. Location: The Riviera Parque, 2700 Highway 7 West, Concord – 6:00 – 12:00 am. Table of 10 = $1500 to be charged to account 840 8415840;

And that Council authorizes a projected over-expenditure of $2,675 in the 2007 Council Table Promotion account, 840-841-5840 to be offset by other favourable variances in Council Discretionary Advertising, Promotion and Special Events Account;

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

(5) CONFIDENTIAL PROPERTY MATTER REGARDING POWERSTREAM (8.0)

That staff be authorized to proceed as directed with respect to the confidential property matter regarding Powerstream.

CARRIED

6. MOTIONS

Council consented to add Motions (1) to (4).

(1) TOWN'S PUBLIC SWIMMING POOLS (6.0)

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

Whereas the Town of Markham has a number of public swimming pools;

And Whereas the Town of Markham utilizes chlorine to maintain the many public swimming pools;

And Whereas residents of Markham are concerned about the use of chlorine and have, in some situations, ceased the use of the Town pools;

And Whereas there are currently other municipalities that use salt water rather than chlorine;

Now Therefore, Be It Resolved that staff be directed to review the ability of utilizing salt water filtrations system as an alternative to chlorine to maintain the Town’s public swimming pools and report back to General Committee.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(See following motion)

Moved by Deputy Mayor J. Jones

Seconded by Councillor E. Shapero

That Council consent to the introduction of a motion directing staff to review the ability of utilizing salt water filtrations system as an alternative to chlorine to maintain the Town’s public swimming pools and report back to General Committee.

CARRIED

(2) ARMENIAN GENOCIDE MEMORIAL DAY (12.2.6 & 3.4)

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor T. Wong

That the Town of Markham recognizes April 24 as a day of remembrance for the Armenian Community in memory of the Armenian genocide during the First World War.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(See following motion)

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Council consent to the introduction of a motion recognizing April 24 as a day of remembrance for the Armenian Community in memory of the Armenian genocide during the First World War.

CARRIED

(3) UNITED WAY OF YORK REGION 2007 CAMPAIGN PRESENTATION (12.2.6)

Moved by Regional Councillor T. Wong

Seconded by Councillor L. Kanapathi

That the presentation of Mr. Daniele Zanotti, CEO, regarding the United Way of York Region Campaign for 2007, be received.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(4) RECOGNITION OF AMERICAN WATER WORKS ASSOCIATION
2007 GIMMICKS & GADGETS AWARD (12.2.6)

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That the American Water Works Association (AWWA) 2007 Gimmicks and Gadgets Third Place Award be received;

And that the following staff of the Waterworks Department be congratulated for winning the Award:

- Russ Simpson

- Kyle Eden

- Richard Gonsalves

- Marcos Tungcol

- Graham Beach

- Mike Fletcher

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

7. COMMUNICATIONS

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That Council receive and consent to the disposition of communications in the following manner:

Referred to all Members of Council

66-2007 Markham District Veterans Association - Forwarding a request to hold their annual Remembrance Day Parade and Ceremony on November 10, 2007 between the hours of 10:30 a.m. and 11:30 a.m. and to hold their Poppy Campaign from October 27 to November 11, 2007. (3.5.6)

Letter

67-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Motimahal Indian Cuisine and Banquet, 7850 Woodbine Avenue, Units 103 and 104 (indoor) (3.21)

68-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Day and Night Firewood Steak House, 2 Fenton Road, Units 2 & 3 (outdoor) (3.21)

69-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for The Brilliant Chinese Restaurant, 7220 Kennedy Road, Unit 18 (indoor) (3.21)

70-2007 Markham Village BIA - Forwarding a request to close the following streets on November 23, 2007 from 4:00 p.m. to 11:00 p.m. to facilitate the 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

(By-law 2007-214) (3.5)

Referred to Commissioner of Development Services & Town Solicitor

71-2007 Ontario Municipal Board - Forwarding an oral Decision from a prehearing conference held on June 12, 2007 regarding the appeals to Development Charges By-laws. The Board has scheduled a telephone conference to be held on January 30, 2008 for a status report or a settlement hearing since the Town's public process is still underway for the new Town Wide and Area Specific Development Charges By-laws (2004-222, 2004-223, 2004-228, 2004-233, 2004-234, 2004-239, 2004-240, 2004-241, 2004-242 and 2004-247) (13.13).

Letter

CARRIED

8. PROCLAMATION

Council consented to separate Proclamation (1).

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor J. Heath

That Proclamation (1) be received and adopted.

(1) PROCLAMATIONS (3.4)

That the following be proclaimed in the Town of Markham:

- International Day at Town Centre Montessori Private Schools (March 6, 2008)

- Waste Reduction Week (October 15 to 21, 2007)

- Ontario Public Library Week (October 15 to 21, 2007)

- Character Community Week (October 15 to 19, 2007)

And that the Corporate Communications Department be requested to publish the above proclamations in the local newspapers.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor J. Heath

That the proclamation of International Day be amended to read as follows:

"International Day at Town Centre Montessori Private Schools (March 6, 2008)"

CARRIED

9. OTHER BUSINESS

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Jones

That Other Business (1) be received and adopted.

(1) LICENSING HEARING - TAXI DRIVER NO. M-142 (2.23)

That Taxi Driver #M-142 is permitted the transfer of the taxicab licence, under the conditions that the procedure outlined in Schedule 2 of By-law 2002-308, as amended, is complied with.

CARRIED

10. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That By-laws 2007-214 to 2007-218 be given three readings and enacted.

Three Readings

BY-LAW 2007-214 A by-law to authorize the temporary closure of various streets at Main Street Markham to facilitate the Festival of Lights on November 23, 2007 from 4:00 p.m. to 11:00 p.m.
(Communication No. 70-2007)

BY-LAW 2007-215 A by-law to amend Zoning By-law 108-81, as amended (Hagerman-Corner Development Inc., south-west corner of Duffield Drive and Deverill Court - To permit a proposed development comprising two 1-storey multiple unit buildings to be occupied by restaurant uses).
(Clause 3, Report No. 45, 2007)

BY-LAW 2007-216 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update Officers' List and Private Property Enforcement Agencies).

BY-LAW 2007-217 A by-law to stop up and close a walkway between Featherstone Avenue and Baylawn Drive, Block 151, Plan 65M-2410.
(Committee of the Whole Motion - Sept. 26, 2006)

BY-LAW 2007-218 A by-law to authorize the execution of an Agreement of Purchase and Sale between the Town and Baldev Raj Mehta and Saroj Mehta and Mohammed Tahir Malik and Tasneem Tahir Malik, together with the execution of the Transfers of Land for lands legally described as Block 151, Plan 65M-2410 (Baylawn Drive Walkway).
(Committee of the Whole Motion - Sept. 26, 2006)

CARRIED

11. CONFIRMATORY BY-LAW

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Webster

That By-law 2007-219 be given three readings and enacted.

Three Readings

BY-LAW 2007-219 A by-law to confirm the proceedings of the Council meeting of October 9, 2007.
(Council Meeting No. 15, 2007)