M I N U T E S

COMMITTEE OF THE WHOLE

2004-09-28

Canada Room

 

Attendance

 

Mayor                          D. Cousens Regional Councillors     F. Scarpitti                                     J. Heath                                     J. Jones Councillors                   S. Daurio                                     E. Shapero                                     J. Webster                                     D. Horchik                                     K. Usman                                     A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development    Services S. Birrell, Town Clerk C. Conrad, Town Solicitor B. Cribbett, Treasurer P. Miller, Manager, Secretariat Services J. Sales, Commissioner of Community & Fire    Services A. Taylor, Commissioner of Corporate Services J. Carnegie, Director, Corporation Communications L. Valentini, Assistant Town Solicitor D. Scott, Manager, Theatre

 

The Committee of the Whole meeting convened at the hour of 5:30 p.m. with Mayor D. Cousens in the Chair.

 

 

DISCLOSURE OF INTEREST

 

None declared.

 

 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - SEPTEMBER 14, 2004 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the minutes of the Committee of the Whole meeting held on September 14, 2004 be confirmed.

 

CARRIED

 

2.         CELEBRATION OF THE ARTS
            MARKHAM THEATRE - REQUEST FOR ASSISTANCE (7.0, 12.2.6)

 

Ms. M. Winton, Vice-Chair, and Mr. D. Pettigrew, Executive Producer, Celebration of the Arts, were in attendance.

 

Ms. Winton provided the history and purpose of the Celebration of the Arts event and brief financial information.  She confirmed there is a high level of participation by other York Region municipalities.

 

Mr. D. Scott, Theatre Manager, provided information regarding costs for the event in 2003 versus projected costs in 2004.  The 2004 costs will be higher as a result of increased hours of operation and absence of funding support.  It was confirmed that use of the Theatre is being offered to the Celebration of the Arts at the reduced community group rate.

 

Some discussion took place about the importance of this event as a celebration of all the arts in the whole of York Region as well as Markham, the need for a cost sharing agreement with other York Region municipalities to ensure this event continues in the future, and the need for involvement of the corporate community.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor J. Webster

 

That the letter and email communication dated September 15, 2004 from Debra Weller, Celebration of the Arts, requesting assistance with Markham Theatre costs for the Celebration of the Arts to be held on October 16, 2004 be received;

 

And that the email dated September 17, 2004 from David Scott, Theatre Manager, providing background information be received;

 

And that a grant in the amount of $1,500.00 be approved for the 2004 event;

 

And that staff be authorized to negotiate additional contra agreements with the theatre;

 

And that there be further discussion and consultation for future years on a regional basis.

 

Carried

 

3.         HYDRO ONE UPDATE (13.8)

 

The Commissioner of Development Services provided background for the resolution being considered by Committee this date.  He pointed out it provides additional reasons for Hydro One to suspend the Class Environmental Assessment.

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

That the Hydro One update by the Commissioner of Development Services be received;

 

And that the presentation by Deputy Mayor F. Scarpitti regarding a commitment made by PowerStream staff, and accepted by the PowerStream Board of Directors, that PowerStream will study and report on the potential effects of various transmission options under review as part of the Hydro One Class Environmental Assessment ("EA") process (including ability to service growth; reliability; technical efficiency; environmental effects including appearance, EMFs and proximity to populated areas;  timing; and profitability), be received;

 

And that Council of the Town of Markham endorse the PowerStream commitment and request similar endorsement from the Councils of the Town of Aurora, the Town of Newmarket, Town of Richmond Hill and the City of Vaughan;

 

And that Council of the Town of Markham request that Councils of the Town of Aurora and the Town of Newmarket direct their local power distribution companies to perform a similar review of the transmission options under review as part of the current Hydro One Class Environmental Assessment of the York Region Transmission Supply Project;

 

And that Council of the Town of Markham request that Hydro One suspend the current Class EA process pending receipt of the results of the review being undertaken by PowerStream.

 

Carried

 

 

 

4.         HYDRO ONE - BILL 100 (13.8)

 

The Commissioner of Development Services advised that the resolution being considered by Committee this date is a result of the pending Bill 100.  Hydro One is concerned only with transmission needs whereas Bill 100 will form the Ontario Power Authority which will consider the bigger picture.

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

Whereas on June 15, 2004, the Minister of Energy introduced Bill 100, an Act to amend the Electricity Act, 1998 and the Ontario Energy Board Act, 1998 and to make consequential amendments to other Acts, which, if passed, will reform the provincial electricity sector;

 

And whereas Bill 100 is presently at the second reading stage following consideration by Ontario's Standing Committee on Social Policy;

 

And Whereas Bill 100 will establish an office known as the Conservation Bureau, to provide leadership in energy conservation and load management within Ontario;

 

And Whereas Bill 100 will amend the Electricity Act, 1998 to provide a process for integrated energy resource management within Ontario, which will encompass issues of supply, demand and transmission and encourage conservation, load management and greater reliance on renewable energy;

 

And Whereas Bill 100 will create the Ontario Power Authority (“OPA”) to forecast the medium and long-term energy needs within the Province, and to conduct independent planning for generation, demand management, conservation, alternative energy supply, and transmission;

 

And Whereas the Hydro One Transmission Supply Project for York Region has been proposed and is being assessed strictly on the basis of forecast transmission needs, without any consideration of demand and load management, conservation or alternative energy supply;

 

And Whereas one or more of the local utilities for whom Hydro One has proposed the Transmission Supply Project for York Region are now reconsidering those forecast transmission needs and alternatives available to meet those needs;

 

Be it therefore proposed that the Councils of the Towns of Markham, Aurora, Richmond Hill and Newmarket and the City of Vaughan request that the Minister of Energy direct that Hydro One suspend the Class EA process in relation to the Transmission Supply Project for York Region, and designate York Region as the pilot region for the OPA’s integrated resource management forecasting and planning process under Bill 100.

 

Carried

 

5.         STAFF UPDATES (11.0)

 

The Commissioner of Corporate Services introduced Janet Carnegie, Director, Corporate Communications, who comes to the Town of Markham with extensive executive experience with IBM, Toronto and New York, The Ontario Science Centre, and the Osborne Group.  Ms. Carnegie will be responsible for the strategic direction of the Corporate Communications Department.

 

The Chief Administrative Officer welcomed Ms. S. Birrell, Town Clerk back after an extended absence and thanked Ms. P. Miller, Manager, Secretariat Services, for her efforts during that time.

 

The Town Solicitor provided a positive update on the condition of Mr. O. Bar-Moshe, Assistant Town Solicitor, following his recent tragic accident.  Ms. Conrad advised that the prognosis for Mr. Bar-Moshe is very good and he is improving daily.

 

 

 

6.         AWARD OF TENDER NO. 123-T-04
            CONSTRUCTION OF THE MUSEUM RECEPTION CENTRE
            BUILDING AND PARKING LOT (7.12) weblink

 

Committee had before it the report dated September 28, 2004 regarding the award of Tender No. 123-T-04 for the construction of the Museum reception centre building and parking lot.

 

The Commissioner of Community and Fire Services explained that pre-approval of services in this manner will ensure future savings for the Town.

 

Committee extended thanks to Mr. A. Wolfe, Project Management Consultant, for his outstanding accomplishment in successfully guiding the Angus Glen facility project to fruition.

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That Tender # 123-T-04 for the construction of the Museum Reception Centre Building and Parking Lot be awarded to the lowest price and acceptable bidder Surrey Construction as follows in the total amount of $1,089,502.83 inclusive of 7% GST ($1,018,226.94 exclusive of GST);

 

And that a contingency of  $ 53,500 inclusive of 7% GST ($50,000 exclusive of GST) be established and that the General Manager, Construction and Utilities, be authorized to approve cost overrun up to the contingency amount;

 

And that funding is provided from the approved 2003/2004 Museum Capital Budgets in the amount of $698,300 for this contract;

 

And that Council pre-approve $490,000 from the 2005 Recreation and Cultural Services Department Construction Capital Budget to award this contract.

 

Carried

 

 

 

7.         2004 COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Committee suggested the name of the Public Art Advisory Committee include reference to "Markham".

 

After some discussion it was agreed that the term of office for members of the Markham Public Art Advisory Committee should expire November 30, 2005.

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

Markham Conservation Committee

 

That the resignation of Donna Sardone from the Markham Conservation Committee be accepted with regret and a letter of appreciation be forwarded;

 

And that a replacement appointment be considered at the time of other appointments in fall, 2004.

 

Markham Race Relations Committee

That the resignation of Ashna Kohli from the Markham Race Relations Committee be accepted with regret and a letter of appreciation be forwarded;

 

And that a replacement appointment be considered at the time of other appointments in fall, 2004.

 

Markham Public Art Advisory Committee

That the following be appointed to the Markham Public Art Advisory Committee for a term to expire November 30, 2005:

Ms. Deborah Castello

Ms. Elizabeth Chong

Mr. Paul Leonidis

Mr. Virendar Puri

Ms. Leslie Holt

Ms. Azra Riaz

Ms. Judi McIntyre

Ms Priti Tripathi

 

Carried as amended

(See following motion to amend)

 

            Moved by Councillor J. Virgilio

            Seconded by Councillor A. Chiu

 

            That the term of office for members of the Markham Public Art Advisory Committee be amended to expire November 30, 2005.

 

Carried

 

 

 

8.         APPLICATION FOR ADULT ENTERTAINMENT PARLOUR
OWNER’S LICENSE RENEWAL
“FRICTION GENTLEMEN’S CLUB”
175 ANDERSON AVE, MARKHAM (2.0)

 

Committee had before it the tabled minutes from the Licensing Committee Hearing held on September 27, 2004 regarding the "Friction Gentlemen's Club" at 175 Anderson Avenue, Markham.

 

The Town Solicitor reviewed the conditions upon which a settlement was reached with the applicant.

 

Ms. L. Valentini, Assistant Town Solicitor, explained that the settlement was offered in an attempt to rectify the criminal activity at the establishment prior to the sale of the business.  If the conditions of the Committee's decision are not met, the owner's license will be revoked.

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the owner’s license for 1598238 Ontario Limited, c.o.b. as Friction’s Gentlemen’s Club, at 175 Anderson Avenue, issued pursuant to Town of Markham By-law 2002-287 be renewed for a temporary period of 30 days and such renewal shall take effect once the following conditions have been satisfied:

 

            1.   The following alterations shall be made to the VIP area of the club:

a.       all walls and partitions in the VIP area shall be removed and replaced with a railing that shall not obstruct the view into the VIP area to the satisfaction of the Licensing Officer for the Town of Markham and in compliance with the provisions of the Building Code;

b.      all couches in the VIP area shall be removed and replaced with tables and chairs to the satisfaction of the Licensing Officer for the Town of Markham;

c.       adequate lighting shall be installed in the VIP area and throughout the club to ensure adequate visibility to the satisfaction of the Licensing Officer for the Town of Markham;

 

            2.   A written schedule of training with respect to the provisions of the Town’s by-law No. 2002-287, for attendants who will provide adult entertainment services shall be provided to the satisfaction of the Licensing Officer.

 

And that the temporary 30 day renewal of the owner’s license granted to 1598238 Ontario Limited shall be subject to the following conditions:

 

            1.   An application for a new owner’s license and operator’s license for the subject adult entertainment establishment at 175 Anderson Avenue shall be made and submitted to the Licensing Officer of the Town of Markham.

 

            2.   The new owner shall provide with his application for a license to the Licensing Officer of the Town of Markham a signed letter of agreement, acknowledging and agreeing to comply with all the conditions set out herein and which are attached to the temporary license granted to 1598238 Ontario Limited.

 

            3.   The named persons shall not be employees of or have any involvement in or connection with the operation of the subject business.

 

            4.   Training shall be provided with respect to the requirements of the Town of Markham By-law 2002-287 to all attendants who will provide adult entertainment services at 175 Anderson Avenue in accordance with the letter provided to the Licensing Officer as set out above. 

 

            5.   An operator shall be designated to monitor the activity in the VIP area and shall walk through and conduct inspections of the VIP area at 15 minute intervals.

 

Carried

 

9.         SUSPENSION AND REVOCATION OF ADULT
ENTERTAINMENT PARLOUR OPERATOR’S LICENCE
“FRICTION GENTLMEN’S CLUB”
175 ANDERSON AVENUE, MARKHAM (2.0)

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

That the current operator’s license to operate Friction’s Gentlemen’s Club at 175 Anderson Avenue be revoked and that the suspension of the license by the Licensing Officer be confirmed.

 

Carried

 

 

 

10.       PROCLAMATION - WORLD SIGHT DAY
            OCTOBER 14, 2004 (3.4)

 

Moved by Councillor K. Usman

Seconded by Deputy Mayor F. Scarpitti

 

That October 14, 2004 be proclaimed World Sight Day in the Town of Markham;

 

And that a letter be forwarded from the Mayor's Office to that effect.

Carried

 

 

 

11.       DISASTER RELIEF DONATION HAITI (7.6)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor K. Usman

 

That a grant in the amount of $1,000 to Haiti be approved with respect to the recent hurricane disaster;

 

And that such grant be directed through a recognized agency;

 

And that staff of the Town of Markham be provided the opportunity to match this donation.

 

Carried

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 6:36 p.m.