October 28,
2008
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 15
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
REGRETS
Regional Councillor J. Jones.
The Regular Meeting of Council was held on October 28, 2008 at 7:09 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate Services
B. Librecz, Commissioner of Community and Fire Services
C. Conrad, Town Solicitor
K. Kitteringham, Town Clerk
C. Raynor, Committee Clerk
B. Cribbett, Treasurer
J. Wong, Technology Support
Specialist
B. Nanninga, Executive Assistant
J. Bosomworth, Manager, Strategy and Innovation
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. MINUTES
(1) COUNCIL
MINUTES - OCTOBER 14, 2008
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That the Minutes of the Council Meeting held on October 14, 2008, be adopted.
CARRIED
3. PRESENTATIONS
(1) TOWN
OF MARKHAM UNITED WAY
EMPLOYEE FUNDRAISING CAMPAIGN
- COMMUNITY SERVICES
COMMISSION AND
DEVELOPMENT SERVICES
COMMISSION
ANNUAL GOLF TOURNAMENT
(12.2.6)
Ms. Brenda Librecz, Commissioner of Community & Fire Services, presented a cheque in the amount of $4,000 to Ms. Kimberley Kitteringham, Town Clerk and Chair of the 2008 Town of Markham United Way Employee Fundraising Campaign. The donation represents the proceeds from the Community Services Commission Annual Golf Tournament. Mr. Jamie Bosomworth, Manager, Strategy and Innovation, also presented a cheque in the amount of $7,000 to Ms. Kitteringham. The donation represents the proceeds from the Development Services Commission Annual Golf Tournaments.
Council thanked the following staff for organizing such successful events:
Community Services Golf Tournament Committee Members
Glen Taylor, Gwen Fletcher, Michelle Gibbons, Alida Tari and Brieanna
Gabbard
Development Services Golf Tournament Committee Members
Patty Pease, Lynda Davis, Susanne McCrimmon, Donna
Harris, Wendy Bond, Brad Roberts, Jamie Bosomworth and Jan Bright.
4. DELEGATIONS
There were no delegations
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 51 - GENERAL COMMITTEE (October 20, 2008)
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
That Report No. 51 - General Committee comprised of 6 items be received and adopted.
(1) ADVISORY COMMITTEE
APPOINTMENTS & RESIGNATIONS (16.24)
That the resignation of Mr. Robert Bowman from the Leash Free Markham Committee be accepted with regret and a letter of appreciation be forwarded; and,
That the
following residents be re-appointed to the Canada Day Committee for the
term ending November 30, 2009:
Jeanne Bowman
Antonette
DiNovo
Mitch Reiss
Javaid Khan
Samuel Carr
Willie Reiss; and,
That the
following persons be appointed to the Markham Environmental Advisory
Committee for the term ending November 30, 2011:
Helen Mack
Stephanie Chan
Erica Lontoc
Rini Ngai
Louis
Priftakis; and,
That the
following current members be re-appointed to the Markham Environmental
Advisory Committee for the term ending November 30, 2011:
Mylene
Batista-Bezerra
Joyce Chau
Philip Ling
Tom Rado
CARRIED
(2) AWARD OF RFP # 173-R-08
GLENBOURNE & GLENRIDGE
COMMUNITIES
SANITARY SEWER (5.5)
That the report entitled “Award of RFP #173-R-08 Glenbourne and Glenridge Communities Sanitary Sewer” be received; and,
That staff be authorized to retain the
highest ranked and lowest priced bidder Cole Engineering Group Ltd. for
detailed design and preparation of tender documents for an upset fee limit of
$73,901.00 inclusive of disbursements and exclusive of GST; and,
That a contingency amount of $8,000.00 exclusive of GST be established to cover any additional design and that the Director of Asset Management be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,
That the consultant’s fee and contingency amounting to $81,901.00 be funded by the Town from the Waterworks Stabilization/Capital Reserve Account 86-2700-112; and,
That
the costs of the detailed design and tender documents be recovered from the
benefiting property owners with appropriate interest if the project proceeds;
and,
That a capital project be established for the detailed design, construction tendering and all related administrative costs to an upset limit of $81,901.00; and,
That when the tender price is known, the residents of Glenbourne and Glenridge Communities be advised of the total project cost for their decision whether to proceed with the construction of this project; and,
That
should the property owners not wish to proceed with the entire project, staff
be authorized to go back to the community with project costs broken down into
phases to determine if portions of the community wish to proceed; and,
That the Asset
Management Department staff report back with the residents’ decision and a
staff recommendation; and further,
That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(3) SALT
WATER POOLS
DISINFECTION/FILTRATION (6.0)
That the presentation by Mr. Service, Manager of Planning and Policy Development, entitled “Analysis of Pool Filtration Systems” be received; and,
That the report entitled Salt Water Pool Disinfection/Filtration be received; and,
That
the Town of
That Shore Tilbe Irwin and Partners be directed to incorporate liquid chlorine in the design of East Markham Community Centre; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) LIQUID CHLORINATION WITH
ADDITION OF U.V. FILTRATION (6.0)
That the presentation by Mr. Service, Manager of Planning and Policy Development, entitled “Analysis of Pool Filtration Systems Liquid Chorine with UV” be received; and,
That the report entitled Liquid Chlorination with Addition of U.V. Filtration be received; and,
That the Town of Markham aquatic facilities continue to use liquid chlorine as the primary form of disinfection at all Town of Markham pools; and,
That,
subject to a successful trial period at Centennial Community Centre, Council
endorse that all the pools at the four major Town of Markham pool facilities (
That the upgrade costs to an upset limit of approximately $133,100 be included for consideration as part of the 2009 non-Life Cycle capital requests to convert Centennial Pool as a trial facility; and,
That the estimated annual maintenance costs of $6,000 for Centennial Pool be added to Recreations 2009 operating budget; and,
That Shore Tilbe Irwin and Partners be directed to incorporate liquid chlorine with the addition of UV in the design of East Markham Community Centre; and,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) CONTRACT
EXTENSION 012-T-O3
RENTAL OF GRADERS FOR
WINTER MAINTENANCE (7.12)
That the staff report entitled Contract Extension 012-T-03 Rental of Graders for Winter Maintenance” be received; and,
That the tender process be waived in
accordance with
That Contract 012-T-03 Rental of Graders for Winter Maintenance be extended for an additional two (2) winter season (2008-2010); and,
That Contract 012-T-03 Rental of Graders for Winter Maintenance be extended for the 2008/09 period with the itemized prices identified on page 2; and,
That
the Manager of
That the total annual award cost of $910,796 ($851,296.00-Graders, $59,500.00-Windrow clearing) be funded from the annual operating budget of $1,067,493 from Operating Account 700 504 5301Winter Maintenance Graders; and,
That the 2008 anticipated operating shortfall of $349,376 be included in the 2008 Town wide year end operating balance; and,
That the Graders in the estimated annual amount of $851,296.00, exclusive of GST be awarded as summarized below:
· Curtis Enterprizes (10 units) in the amount of $239,200 (2008-2009 winter season)
· Vidome Construction Ltd. (13 Units) in the amount of $342,576.00 (2008-2009 winter season)
· Jag Construction (6 Units) in the amount of $143,520.00 (2008-2009 winter season)
· Pit Haulage Ltd. (5 Units) in the amount of $126,000.00 (2008-2009 winter season)
That Staff be authorized to increase the cost for clearing of windrows from seniors driveways in accordance with the Town’s approved list (approx 1400) from a $6.50/ driveway to $8.50/driveway per occurrence; and,
That funds for clearing of Windrows, in the estimated annual amount of $59,500.00 exclusive of GST, be split between Curtis Enterprizes, Vidome Construction Ltd, Jag Construction and Pit Haulage Ltd dependant on approved list within each area; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(6) CONTRACT EXTENSION 128-T-03
HIRED LOADERS ON AN
“AS AND
WHEN” REQUIRED BASIS (5.10)
That the staff report entitled Contract Extension 128-T-03 Hired Loaders on an “as and when” Required Basis be received; and,
That the tender process be waived in
accordance with
That Contract 128-T-03 Hired Loaders on an “as and when” Required Basis be extended for an additional two (2) winter season (2008-2010); and,
That Contract 128-T-03 Hired Loaders on an “as and when” Required Basis be extended for the 2008/09 period with the itemized prices identified on page 2&3; and,
That
the Manager of
That the total annual award cost of $514,918.40 be funded from the Operating Account 700 504 5407 Construction Equipment & Services subject to Council approval of the 2009 operating budget; and,
That the 2008 anticipated operating shortfall of $495,344 be included in the 2008 Town wide year end operating balance; and,
That the estimated annual amount of $514,918.40, exclusive of GST be awarded as summarized below:
· John Larkin (10 units) in the amount of $197,800.00 (2008-2009 winter season)
· Dunlop Construction (2 Units) in the amount of $32,942.40 (2008-2009 winter season)
·
· Jag Construction (1 Unit) in the amount of $16,372.00 (2008-2009 winter season)
·
·
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT
NO. 52 - DEVELOPMENT SERVICES COMMITTEE (October 14, 2008)
Moved by Councillor J. Webster
Seconded by Regional Councillor T. Wong
That Report No. 52 - Development Services Committee comprised of 1 item be received and adopted.
(1) MARKHAM 10 YEAR
ECONOMIC DEVELOPMENT STRATEGY
DRAFT FINAL REPORT (10.16)
Report AppA AppB AppC AppD AppE AppF1 AppF2
That
the report entitled “Markham 10 Year
That
Council endorse the public launch of
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
6(c) REPORT
NO. 53 - DEVELOPMENT SERVICES COMMITTEE (October 28, 2008)
Moved
by Councillor J. Webster
Seconded
by Councillor D. Horchik
That Report No. 53 - Development Services Committee comprised of 2 items be received and adopted, except for Item 1. (See resolutions below for Item 1).
(1) EAST MARKHAM COMMUNITY CENTRE &
LIBRARY – SCHEMATIC DESIGN
(6.6)
That
the presentation by Shore Tilbe Irwin & Partners highlighting the building
envelop and proposed elements of the building and associated parking garage
structure be received; and,
That
Council authorizes staff to proceed with detailed design phase following the
joint Town of Markham and Markham Stouffville Hospital Open House on November
17, 2008 and a to-be-scheduled Council Workshop; and,
That Council authorizes the Mayor and the Clerk to execute an Agreement of Purchase and Sale, in a form satisfactory to the CAO and the Town Solicitor and all related documents and take any action necessary to give effect to the acquisition of approximately 4.51 acres of land from Markham Stouffville Hospital together with an option to purchase an additional 0.75 acres of land at the south-west corner of Bur Oak Avenue and Church Street; and,
That the property acquisition costs be funded from account #070 6200 7369 005; and,
That the Architectural/Engineering Services fee for Shore Tilbe
Irwin and Partners be increased by $591,480 to account for additional project
scope, primarily related to the parking garage structure; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) ROUGE NORTH MANAGEMENT AREA/ GREENBELT
OPA 140 SETTLEMENT (10.0)
That
the report entitled “Rouge North Management Area/Greenbelt OPA No. 140
Settlement” be received; and,
That
the modifications to OPA No. 140, as shown in Attachment A of the staff report,
be approved; and,
That
the Town Solicitor be authorized and directed to execute Minutes of Settlement
with the appellants to OPA No. 140, substantially in the form attached as
Attachment B to the staff report and to request the Ontario Municipal Board to
approve OPA 140 as modified.
CARRIED
7. MOTIONS
Council consented to add Motions (1) and (2).
(1) YORK
REGION DISTRICT SCHOOL BOARD
YORK CATHOLIC DISTRICT SCHOOL
BOARD
- SECONDARY SCHOOL PLAY FIELDS
IN CORNELL (13.6)
Moved by Deputy Mayor J. Heath
Seconded by Councillor J. Webster
That staff request the York Region District School Board and York Catholic District School Board to exchange sites for their secondary schools in Cornell in order to facilitate the development of the public secondary school on the east side of Bur Oak Avenue, across from the proposed East Markham Community Centre; and,
That staff request confirmation from the York Region District School Board, York Catholic District School Board and Mattamy Homes on the feasibility and cost of providing play fields on the proposed secondary school sites in Cornell; and,
That staff review access arrangements to the Cornell Community Park, including the feasibility of accessing the park through Cornell Centre Boulevard (existing Old Markham By-Pass); and,
That staff report back to General Committee on timing, cost and implementation of this proposal; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2/3 vote was requested & obtained)
(2) MARKHAM SPORTS COUNCIL GRANT (7.6)
Moved by Councillor A. Chiu
Seconded by Deputy Mayor J. Heath
That a one-time grant in the amount of
$5,000 be provided to Markham Sports Council - Community Sport Recognition
Program, to be funded from the Corporate Contingency Account No. 840-841-7849; and,
That the Markham Sports Council work with the
Town’s Community Relations Department to ensure the event conforms to Town
event standards
CARRIED
(2/3 vote was requested &
obtained)
8. NOTICE OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
Moved by Councillor L. Kanapathi
Seconded by Councillor E. Shapero
That Council
receive and consent to the disposition of communications in the following
manner:
Received
79-2008 City of Vaughan - Forwarding their resolution of Council regarding Powerstream merger with Barrie Hydro. (13.7)
Referred to all Members of
Council
80-2008 Markham Village
BIA - Forwarding a request to close the following streets on November 29, 2008
from 12:00 noon to 11:00 p.m. to facilitate the Santa Fest-Festival of Lights:
- Main Street Markham North from Highway 7 to South of Parkway Avenue
- Access east from Main Street Markham is closed to Centre Street &
Robinson Street
- Access west from Main Street Markham is closed to Thompson Court,
Dublin Street & Robinson Street (3.5) (By-law 2008-224)
81-2008 Rotary Club of
Markham Sunrise Inc. - Forwarding a request to close the following streets to
facilitate the Markham Santa Claus Parade being held on November 29, 2008:
- Highway 7 West of Wooten Way to Highway 48 (Closed to Parade Traffic Only) (8:00 a.m. to 11:00 a.m.)
- Highway 7 at Ninth Line to Wooten Way (Local Traffic Only) (8:00 a.m. to 11:00 a.m.)
- Main Street Markham north of Highway 7 to 16th Avenue (Closed) (9:30 a.m. to 12:00 noon)
- Main Street Markham north of 16th Avenue to just south of Bur Oak Avenue (9:30 a.m. to 12:00 noon)
- Bullock Avenue east of Snider Drive east to Main Street Markham (9:30 a.m. to 11:00 a.m.)
- Parkway Avenue west side of George Street west to Main Street Markham (9:30 a.m. to 11:00 a.m.)
- 16 Avenue East of Fincham Avenue to west of the driveway to Garden Basket (Local Traffic Only) (9:30 a.m. to 12:00 noon)
- 16th Avenue west of the driveway to Garden Basket to west of Peter Street (Closed) (9:30 a.m. to 12:00 noon)
- 16th Avenue west of Peter Street to east of Mingay Avenue/Stone Mason Drive (Local Traffic Only) (9:30 a.m. to 12:00 noon) (3.5)
(By-law 2008-225)
82-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Thai Together Fusion Restaurant, 5261 Highway 7 East, Unit #7 (Indoor licence for existing premises) (3.21)
83-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Nando's Restaurant, 7677 Markham Road, Unit 4, Building B (Indoor licence for new premises) (3.21)
84-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Montana's Cookhouse, 2890 Major Mackenzie Drive East, Building C3 (Indoor and outdoor licence for new premises) (3.21)
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Moved by Regional Councillor T. Wong
Seconded by Councillor V. Burke
That the
following be proclaimed in the Town of Markham:
- Community Social Service Workers Appreciation Day (November 6, 2008)
- Crohn's and
Colitis Awareness Month (November 2008); and
That the Corporate Communications Department be
requested to publish the above proclamations in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESS
There were no new/other business.
12. BY-LAWS
Council consented to add By-law 2008-227.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That By-laws 2008-224,
2008-225 and 2008-227 be given three readings and enacted.
Three Readings
BY-LAW 2008-224 A by-law to authorize the temporary closure of various streets at
Main Street Markham to facilitate the Santa Fest-Festival of Lights on November
29, 2008 from 12:00 noon to 11:00 p.m.
(Communication No. 80-2008)
BY-LAW 2008-225 A by-law to authorize the temporary closure of various streets to
facilitate the Markham Santa Claus Parade on November 29, 2008.
(Communications No. 81-2008)
BY-LAW 2008-227 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Monarch Corporation, Lots 33 to 41, 69, 72 and 111 to 114, Plan 65M-4050, Cathedraltown Phase 1, west of Woodbine Avenue and north of Major Mackenzie Road).
CARRIED
13. IN-CAMERA ITEMS
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor T. Wong
That Council report the following 3 in-camera items:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING - OCTOBER 14, 2008 (16.0)
That the minutes of the in-camera Council meeting held on October 14, 2008, be confirmed.
CARRIED
REPORT
OF GENERAL COMMITTEE - October 20, 2008
(2) LEGAL ADVICE ON CENTENNIAL COMMUNITY CENTRE (6.6)
That the confidential report dated September 24, 2008 from the Commissioner of Community Services providing legal advice on Centennial Community Centre, be received; and,
That staff be authorized to proceed as directed with respect to this matter.
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - October 21, 2008
(3) PROPERTY
ACQUISITIONS FOR THE EXTENSION
OF ENTERPRISE DRIVE
(UNIONVILLE GATE) (8.6, 5.10)
That the confidential report entitled “Property Acquisitions for the Extension of Enterprise Drive (Unionville Gate)” be received; and,
That staff be authorized to finalize negotiations with Freehold Building Corporation, Traks Communications Ltd, Shell Canada Ltd., and Unionville Gate Medical Holdings Limited for the acquisition of lands required for the extension of Enterprise Drive to Kennedy Road; and,
That Council authorize the Mayor and the Clerk to execute Agreements of Purchase and Sale in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor, and all related documents and take any action necessary to give effect to the acquisition of lands or Temporary Limited Interests in land respecting the following parcels:
- Freehold Building Corporation: Acquisition of Parts 5, 6, 7, 11, 13, 16 and 17 on Registered Plan 65R-30854;
- Traks
Communications Ltd.: Acquisition of 2.0 metre by 80 metre strip of land contained
within Part 3 on Registered Plan 65R-30854;
- Shell
Canada Ltd.: Temporary Limited Interest in Parts 9 and 12 on Registered
Plan 65R-30854; and
- Unionville
Gate Medical Holdings Limited: Acquisition of Parts 1 and 2 on Registered
Plan 65R-30854 and a Temporary Limited Interest in Part 8 on Registered
Plan 65R-30854; and,
That
the property acquisition costs including land, appraisals, negotiation and
legal services be funded from the
That should negotiations fail, the Town Solicitor be authorized to initiate expropriation proceedings and to take any action required to execute all related documents to effect the acquisition of the properties described above; and further,
That Staff be authorized and directed to take
the actions necessary to give effect to this report.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That By-law
2008-226 be given three readings and enacted.
Three Readings
BY-LAW 2008-226 A by-law to confirm the proceedings of the Council meeting of October
28, 2008.
(Council Meeting No. 15, 2008)
CARRIED
15. ADJOURNMENT
Seconded
by Deputy Mayor J. Heath
That the Council meeting adjourn at 7:43 p.m.
CARRIED
__________________________________ ________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN
CLERK MAYOR
(Signed)