GENERAL COMMITTEE
2006-11-20
Meeting No.17
Finance &
Administrative Issues Community
Services & Environment Issues
Chair: Councillor
S. Daurio Chair:
Councillor A. Chiu
Vice Chair, Budget: Councillor D. Horchik Vice Chair, Fire & Emergency Services:
Vice Chair, IT: Regional Councillor B. O’Donnell Regional Councillor J. Heath
Vice
Chair, Recreation & Culture:
Councillor J. Webster
Vice
Chair, Character Community:
Councillor J. Webster
Vice
Chair, Environment Issues:
Councillor E. Shapero
Attendance
|
|
J. Livey,
Chief Administrative Officer
C.
Conrad, Town Solicitor
A.
Taylor, Commissioner of Corporate Services
J. Baird,
Commissioner of Development Services
S.
Birrell, Town Clerk
B.
Cribbett, Treasurer
D.
McClean, Fire Chief
S. Mintz,
Deputy Fire Chief
A.
Pozywiak, Director, Strategic Initiatives
S. Laing,
Director, Human Resources
B. Roth,
Director, Recreation & Culture Services
S.
Andrews, Director, Asset Management
P.
Loukes, Director, Operations
J.
Lustig, Director of Financial & Client Services
B. Wiles,
Manager, Enforcement & Licensing
F. Wong,
Manager, Financial Planning
V.
Sawler, Manager, Markham Energy Conservation
Office
R.
Dominico, Manager, Corporate Strategy & Quality
M.
Urquhart, Manager, Environmental Leadership
V.
McGrath, Manager, Environmental Leadership
F. Wong,
Manager, Financial Planning
G.
Walker, Senior Health and Safety Specialist
D. Drimmel,
Human Resources Consultant
B.
Nanninga, Executive Assistant to Mayor and
Council
J. Kee,
Committee Clerk
|
|
|
|
The General Committee convened at the hour of 9:35 a.m. with Councillor
S. Daurio in the Chair.
At 11:20 a.m. Councillor S. Daurio vacated the Chair and Councillor A. Chiu
assumed the Chair.
DISCLOSURE OF INTEREST
None declared.
1. MARKHAM
PROFESSIONAL FIREFIGHTERS ASSOCIATION
REGARDING REVIEW OF ONTARIO’S
WORKPLACE SAFETY
AND INSURANCE ACT (7.15 &
11.6)
Attachment
Mr. John Brassard,
President, Markham Professional Firefighters Association was in attendance and
gave a presentation with respect to presumptive legislation for Ontario’s fire
fighters. He referred to a resolution
endorsed by the City of Ottawa in April of 2006 calling on the provincial government to review Ontario’s
Workplace Safety and Insurance Act “to ensure that firefighters and their
families receive fair and timely compensation for illness or disease that is
attributable to their work as firefighters.
Mr. Glen Walker, Senior Health and Safety Specialist, Human
Resources Department, expressed some concerns on behalf of the Town relating to
presumptive legislation, including the fact that the current adjudication
process used by WSIB appears to be working effectively; no time limits stated
re claims; scientific, empirical evidence is needed; “firefighters” not defined
– could also be fire prevention staff and dispatchers; the importance of
training and prevention; and it could have a significant financial impact on
individual municipalities.
**Moved by Regional Councillor J. Heath
Seconded by Councillor E. Shapero
That the presentation by Mr. John Brassard, President, Markham
Professional Firefighters Association requesting Committee to adopt a
resolution in support of a review of Ontario’s Workplace Safety and Insurance
Act regarding presumptive legislation to cover firefighters for certain
illnesses or disease be received;
And that the following resolution, as amended, be endorsed:
Whereas firefighters provide an invaluable service to the public and
may risk their own personal safety in order to protect the lives of residents
of the Town of Markham;
And whereas studies have shown that firefighters suffer from an
incidence of some cancers and other diseases that is significantly greater than
the normal population, and that this may be due to firefighters’ exposure to
toxic chemicals and carcinogens during the course of fighting fires;
And whereas, in response to these studies, the Provinces of
Manitoba, Alberta, Saskatchewan and Nova Scotia have amended their Workers
Compensation legislation to include a presumption that, for identified types of
cancer in firefighters, the disease is attributable to work as a firefighter;
Therefore, Be It Resolved that the Town of Markham Council call on
the Ontario Provincial Government to review Ontario’s Workplace Safety and
Insurance Act in order to ensure that firefighters and their families receive
fair and timely compensation for illness or disease that is attributable to
their work as firefighters because of exposure to toxic chemicals and
carcinogens during the course of fighting fires; and that this motion be
forwarded to the Association of Municipalities of Ontario, the Federation of
Canadian Municipalities and the local MPP’s.
CARRIED
**Note: See November 28, 2006 Council
Meeting minutes for amendment to this resolution.
2. YRCC #636 WALDEN
POND II CONDOMINIUM CORPORATION
MARKHAM ENVIRONMENTAL
SUSTAINABILITY FUND
REQUEST FOR FUNDING (5.7)
Agenda
In October of 2006,
General Committee directed that the community project application from York
Region Condominium Corporation #636, at 25 Austin Drive, Markham, for a boiler retrofit project be deferred until such time as the
Corporation is able to make a presentation to Committee to provide details of
their application.
Mr. Doug Hortin, President of the YRCC #636
Walden Pond II Board, was in attendance and gave a presentation regarding the
condominium corporation’s request for MESF funding
He noted that the condominium is a
non-profit organization; contains 149 resident owned suites; and described the
energy savings projects that they have undertaken in the past two years.
It was noted that amendments have been made
recently to the terms of reference for the Markham Environmental Sustainability
Funding relating to the review of applications submitted by private corporations,
and the importance of staff ensuring that these goals and obligations are met
was emphasized. Members raised the
following matters: support of efforts by community for energy savings;
importance of balance of the system; concern regarding recent cutting of
provincial and federal environmental funding programs; correction regarding
reference to “pilot project”; and clarification of program principle.
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That the presentation by Mr. Doug Hortin, President, YRCC #636
Walden Pond II regarding their request for MESF funding, be received;
And that the matter be deferred and referred to the Environmental
Issues Committee.
CARRIED
3. MINUTES
OF SEPTEMBER 18 AND OCTOBER 16, 2006
GENERAL COMMITTEE MEETINGS
(16.0)
Sept
18 Oct
16
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the minutes of the
September 18 and October 16, 2006 meetings of General Committee be confirmed.
CARRIED
4. MINUTES
OF OCTOBER 16, 2006 AUDIT COMMITTEE (16.0)
Minutes
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the minutes of
the meeting of the Audit Committee held on October 16, 2006 be received.
CARRIED
5. THIRD QUARTER 2006 REVIEW OF OPERATIONS
AND
YEAR-END PROJECTION (7.0)
Report
Clarification was requested regarding
Building Services revenue.
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the report
dated November 20, 2006 entitled “Third Quarter 2006 Review of Operations and
Year-end Projection” be received.
CARRIED
6. STAFF
AWARD FOR CONTRACTS FOR THE MONTH
OF OCTOBER 2006 (7.12)
Report
Staff
provided an explanation of the phrase: “budget remaining after this award”,
which is noted on the Staff Award Reports.
A query was raised with respect to Automated Teller Machine contract
extensions at four community centres, and staff advised that further
information would be presented at the next meeting of Committee of the Whole.
Moved by Councillor A. Chiu
Seconded
by Councillor K. Usman
That the report
entitled “Staff Awarded Contracts for the Month of October 2006” be received.
CARRIED
7. 2006 TOWN OF MARKHAM ACCESSIBILITY
PLAN (16.9 & 13.2)
Report Attachment
Committee
raised the matter of the need for accessible “full service” gas stations. The matter of “term of office” for members of
the Advisory Committee on Accessibility was raised, and staff was requested to
review the current wording so that it would not preclude extension of terms.
Moved by Councillor A. Chiu
Seconded
by Councillor K. Usman
That the report
“2006 Town of Markham
Accessibility Plan” be received;
And that approval be
granted to post the 2006 Accessibility Plan on the Town’s website;
And that staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
8. PROPOSAL
FOR REDUCTION IN REFUNDABLE DEPOSITS (7.0)
Report
Moved by Councillor A. Chiu
Seconded
by Councillor K. Usman
That the report
titled “Proposal for Reduction in Refundable Deposits” be received;
And that all parties
who placed deposits with the Town prior to December 1, 2004 as security in
respect of certain works, but who neglected to advise the Town of the
completion of these works, be given the opportunity to apply for a return of
the deposits;
And that Council
approve the placement of an advertisement in a nationally circulated newspaper
and the Town website, thereby giving due notice to parties who placed deposits
with the Town that they may be eligible to apply for a return of such security
within a predetermined time frame;
And that due notice
be given of the possible forfeiture of unclaimed funds to the Town’s revenue in
said advertisement where deposits remain unclaimed;
And that the
Treasurer be authorized to receive refund applications and disburse funds, as
appropriate;
And that staff
report back to Council after all refund applications have been assessed and
monies repaid, to advise of status and to seek Council authorization on the
disposition of the remaining funds.
CARRIED
9. BY-LAW
TO LICENSE DRIVEWAY
&
BOULEVARD CONTRACTORS (2.0)
Report
Members
queried the process regarding signage when work is being carried out on
residential properties, licensing requirements, and staff was requested to look
into the matter of the Town providing curb cuts when driveways are
widened. The feasibility of establishing
a simple tribunal system to review variances was raised, and staff advised that
this would be included in a future report relating to incentives.
Moved by Councillor K. Usman
Seconded by Councillor A. Chiu
That the report
“By-law to Licence Driveway & Boulevard Contractors” be received;
And that a by-law
to require the licensing of persons engaged in the hard surface construction of
residential driveways and municipal boulevards abutting residential private
property be enacted;
And that By-law
2002-284, establishing the fees charged for licensing, be amended to include a
$200.00 licence fee for Driveway & Boulevard Landscaping Contractors.
CARRIED
10. BILLIARD,
BAGATELLE AND BOWLING ALLEY
BY-LAW
AMENDMENT (2.0)
Report
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the report
entitled “Billiard, Bagatelle and Bowling Alley By-law Amendment” be
received;
And that Council
adopt the attached draft by-law to amend By-law 2002-293, a by-law to provide
for the licensing and regulation of Bowling Alleys, Billiards and Bagatelle
Establishments.
CARRIED
11. AMENDMENT
TO HOLISTIC PRACTITIONERS’ BY-LAW (2.0)
Report
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That a by-law be
enacted to amend By-law 2004-309, a by-law to register persons engaged in
carrying on the business of a holistic practitioner, to delete and replace
Schedule “A”, the list of associations governing a modality of holistic health,
that are approved and recognized for the purpose of registration pursuant to
the by-law.
CARRIED
12. REFRESHMENT
VEHICLE BY-LAW AMENDMENT (2.0)
Report
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That a by-law be
enacted to amend by-law 2002-305, a by-law to provide for the licensing and
regulation of refreshment vehicles to require an auditory back-up warning
device be installed and maintained on all refreshment vehicles licensed or
required to be licensed in the Town;
And that staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
13. SECONDHAND
GOODS BY-LAW (2.0)
Report
The
Town Clerk was requested to provide clarification to Council/Committee of the
Whole at its next meeting regarding the stipulation contained in the by-law
requiring identification of persons 16 years of age or over and whether that
would prohibit persons under 16 years of age from trading games, and the use of
personal information relating to EB Games.
Moved by Councillor A. Chiu
Seconded by Councillor G. McKelvey
That By-law
2002-307, “A By-law respecting the Licensing, Regulating and Inspecting of
Retailers of Second Hand Goods for the Town of Markham” be amended to exempt
the business of trading of electronic games from some of the licensing
regulations upon certain conditions and to allow persons under the age of 18 to
enter premises for the purpose of trading electronic games.
CARRIED
14. AMENDMENT TO BODY-RUB AND
COMPLEMENTARY
HEALTH BY-LAW (2.0)
Report
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That a by-law be
enacted to amend By-law 2002-292, “A by-law respecting the licensing and
inspecting of body-rub parlours and attendants and complementary health care
service providers and attendants” to:
- Remove the term
“complementary health” and licensing requirements from the by-law;
- Amend the limitation on the
number of licenses which may be issued, consistent with the current number
of licensed establishments; and
- Require the owners of
body-rub parlours to designate specific operators in charge during
business hours.
CARRIED
15. TOWN
OF MARKHAM HOST NIGHT
MARKHAM BOARD OF TRADE (10.16
& 12.2.6)
Report
Committee had before
it a staff report regarding a request by the Markham Board of Trade for support
to host the Canadian Chamber of Commerce Annual Meeting and the Canadian
Chamber Executive of Canada in September of 2007.
Members
discussed the options available and directed that the matter be referred to the
Mayor’s Office for further consideration.
Moved by Deputy
Mayor F. Scarpitti
Seconded by
Councillor A. Chiu
That the request by the Markham Board of Trade for support to host
the Canadian Chamber of Commerce Annual Meeting, and the Canadian Chamber
Executive of Canada in September of 2007 be referred to the Mayor’s Office for
further discussion with the President and CEO of Markham Board of Trade.
CARRIED
16. AMENDMENT
TO FEE BY-LAW 2002-276
TO REFLECT A CHARGE OF $5.00
PER MULTI-
RESIDENTIAL
RECYCLING BAG (2.0 & 5.1)
Report By-law
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Fee By-law
2002-276 be amended to reflect a charge of $5.00 per multi-residential
recycling bag;
And that public
notice be provided in accordance with Notice By-law 2002-275.
CARRIED
17. VOLUNTEER
OUTDOOR ICE RINK
PROGRAM UPDATE (6.1)
Report
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That the staff
report entitled “Volunteer Outdoor Ice Rink Program Update”, dated November 20,
2006, be received.
CARRIED
18. CITY OF VAUGHAN RESOLUTION
RE CANCELLED
FEDERAL ENVIRONMENTAL PROGRAMS
(13.5.2 & 5.7)
Attachment
Moved by Councillor E.
Shapero
Seconded by Councillor
S. Daurio
That the resolution from the City of Vaughan requesting the Federal
Government to re-invest in effective environmental programs be endorsed;
And that the Council of the Town of Markham express its great concern
over the cancellation of a vast range of programs supporting environmental
protection;
And that Council request the Federal Government to fulfil its
commitment to environmental protection by re-investing in effective
environmental programs immediately;
And that this resolution be forwarded on to Federal Minister of the
Environment, the Honourable Rona Ambrose; the Ontario Minister of the
Environment, the Honourable Laurel C. Broten; Mario Racco, MPP Thornhill; and
Frank Klees, MPP Oak Ridges;
And further that this resolution be circulated to Ontario municipalities, with a
population over 100,000, the Region of York, FCM and AMO, requesting their
support and action;
CARRIED
19. CITY
OF VAUGHAN RESOLUTION IN SUPPORT OF
GREENING VAUGHAN – EXCESSIVE
PACKAGING (13.5.2 & 5.1)
Attachment
Moved by Councillor E.
Shapero
Seconded by Councillor
S. Daurio
That the resolution from the City of Vaughan urging manufacturers
across Ontario and Canada to address the issue of
excessive packaging be endorsed;
And that the Council of the Town of Markham, in conjunction with Mission Green, address the
significant waste issue of excessive packaging, by:
a) Bringing to the attention of all manufacturing companies residing
in the Town of Markham, our concerns, asking that they review the packaging
used for their products for the purpose of intensifying their efforts to
decrease waste coming from excessive packaging;
b) Bringing to the attention of the Canadian Manufacturer’s
Association these same concerns and requesting action from their membership
across Canada;
c) Writing to Ontario municipalities, with a population of over
100,000, asking that they join with the Town of Markham to urge manufacturers
across Ontario and Canada to address this issue;
d) Writing to the Federation of Canadian Municipalities, requesting
that this issue be addressed in upcoming meetings as a significant issue for
all Canadian municipalities;
e) Writing to the Premier of the Province of Ontario, asking him to
take a leadership role in decreasing the waste created by excessive packaging,
including creating a yearly prize to be awarded to an Ontario manufacturing
company that takes extraordinary steps to change its packaging in order to
reduce waste;
And that this resolution be forwarded to the Region of York and AMO
for their support and action.
CARRIED
20. REGION
OF YORK REGARDING THE
16TH AVENUE TRUNK
SEWER CONSTRUCTION –
TRAFFIC DISRUPTION (13.4 &
5.10)
Attachment
Moved by Councillor J.
Webster
Seconded by Mayor D.
Cousens
That the letter
dated October 23, 2006 from the Region of York advising of measures being taken
to minimize traffic disruption during the 16th Avenue trunk sewer
construction be received.
CARRIED
21. REGION
OF YORK REGARDING UPDATE
OF POPULATION FIGURES ON ROAD
SIGNS
IN AREA MUNICIPALITIES (13.4
& 12.3)
Attachment
Moved by Councillor J.
Webster
Seconded by Mayor D.
Cousens
That the letter
dated October 26, 2006 from the Region of York regarding the updating of
population figures on road signs in the area municipalities be received.
CARRIED
22. TOWN
OF RICHMOND HILL RESOLUTION REGARDING
DEVELOPMENT CHARGES
LEGISLATIVE CONSTRAINTS
IMPACTING MUNICIPALITIES AND
HOSPITALS (13.5.2 & 7.11)
Attachment
Moved by Councillor J.
Webster
Seconded by Mayor D.
Cousens
That the letter from
the Town of Richmond Hill dated November 1, 2006 requesting support of its
resolution to request the Province of Ontario to commence a consultative
process with municipal and development sectors to revise the Development
Charges Act as detailed be received.
CARRIED
-------------------------------------------
Moved by
Councillor K. Usman
Seconded by
Councillor J. Webster
That the Committee resolve In Camera to
discuss a confidential legal matter. (11:25 a.m.)
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Councillor B. O’Donnell
That the Committee rise and report. (11:30
a.m.)
CARRIED
-------------------------------------------
ADJOURNMENT
The General Committee meeting adjourned at 11:30 a.m.