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M I N U T E S

COMMITTEE OF THE WHOLE

2005-04-12

                                                                                            Canada Room

Meeting No. 8

 

Attendance

 

 

Mayor                          D. Cousens

Regional Councillors     F. Scarpitti (6:05 p.m.)

                                    J. Heath

                                    J. Jones

Councillors                   S. Daurio

                                    E. Shapero

                                    J. Virgilio

                                    G. McKelvey

                                    J. Webster

                                    K. Usman (6:25 p.m.)

                                    D. Horchik

A. Chiu

 

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development

   Services

S. Birrell, Town Clerk

A. Brown, Director of Engineering

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

R. Flindall, Manager of Operations &
   Maintenance

P. Miller, Manager, Secretariat Services

J. Sales, Commissioner of Community & Fire

   Services

A. Taylor, Commissioner of Corporate Services

S. Taylor, Director Strategic Services

 

 

 

The Committee of the Whole meeting convened at the hour of 6:00 p.m. with Mayor D. Cousens in the Chair.

 

 

DISCLOSURE OF INTEREST

 

None declared.

 

 

 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - MARCH 29, 2005 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the minutes of the Committee of the Whole meeting held on March 29, 2005 be confirmed.

 

Carried


 

2.         ONTARIO POWER AUTHORITY UPDATE (13.8)

 

The Town Solicitor provided a verbal update on recent dialogue with the Ontario Energy Board (OEB) and the Ontario Power Authority (OPA).  The OEB has the mandate to evaluate only on the basis of cost and technical merit.  The OPA has advised their assessment will encompass a ten month timeframe.  Staff is of the opinion this is insufficient time.  The Town has requested additional information on the OEB process to no avail, as yet.  The Town will continue the dialogue with the OPA to ensure the interests of the community are served and to determine the design of the process.

 

Discussion took place and questions were fielded regarding what direction the Province of Ontario provided to the OPA, the OPA mandate, and the need for the OPA to consider short and long term York Region requirements.  Concern was expressed regarding certain aspects of the proposed process, however, the Town has provided recommendations in this regard.

 

The Committee directed that regular updates regarding the OPA be included on the Committee of the Whole agenda.

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the verbal update from the Town Solicitor regarding the Ontario Power Authority, be received.

 

Carried

 

 

 

3.         TENDER AWARD – 014-T-05 SUPPLY & DELIVERY OF
            GRANULAR MATERIALS (7.12.2)     Report

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor J. Heath

 

That the report entitled Tender Award - 014-T-05 Supply & Delivery of Granular Materials be received;

 

And that the award be split and awarded to the two lowest acceptable bidders, part A & C to Vicdom Sand & Gravel and part B to James Dick in their unit prices, as outlined in Appendix A, totaling an estimated $421,869.00 inclusive of 8% PST exclusive of GST for the term, May 1, 2005 to December 31, 2006;

 

And that the 2005 costs, estimated at $210,934.50 inclusive of 8% PST exclusive of GST be charged to various operating and capital accounts as listed under Financial Considerations;


 

And that the 2006 estimated costs $210,934.50 be provided for within the 2006 budget submission for the Operations Department.

 

Carried

 

 

 

4.         BY-LAW TO PROHIBIT BUILDING PERMITS
            UNTIL MUNICIPAL SERVICES AND ADEQUATE CAPACITY ARE
            AVAILABLE AND ADOPTION OF ACCEPTANCE CRITERIA
            FOR TESTING NEW WATERMAINS (5.0)     Report    1   2

 

Committee had before it the report dated April 12, 2005 from the Waterworks Manager of Operations and Maintenance and the Town Solicitor regarding the proposed prohibition of residential building permits until municipal services and adequate capacity are available and regarding the adoption of acceptance criteria for testing new watermains.

 

Committee requested it be clarified that this proposed prohibition is for residential building permits.

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That the report dated April 12, 2005, regarding a By-law to Prohibit Residential Building Permits until Municipal Services and Adequate Capacity are Available and Adoption of Acceptance Criteria for Testing of New Watermains, be received;

 

And that the Record of the Public Meeting held on January 11, 2005, with respect to the proposed By-law be received;

 

And that Council confirm, pursuant to subsection 34(17) of the Planning Act, that no further public notice is required;

 

And that Council approves and adopts the Acceptance Criteria for Testing of New Watermains as described in this report and Attachment “A”;

 

And that Council authorizes Town Staff from time to time to modify the Acceptance Criteria for Testing of New Watermains to reflect new regulatory and operating water quality requirements in consultation with the Developers Round Table;

 

And that the proposed by-law be enacted;

 

And that staff do all things necessary to give effect thereto.

(By-law 2005-104)

 

Carried


 

5.         TOWN OF MARKHAM AND MERCEDES
            BENZ NAMING PARTNERSHIP (12.2.6)     Report

 

Committee had before it the report dated April 12, 2005 from the Director, Strategic Services regarding a proposed naming partnership between the Town of Markham and Mercedes Benz Markham.

 

Mr. S. Taylor, Director, Strategic Services, provided background for this proposal, which is a first for the Town of Markham, to consider naming rights and revenue generation for a three year period at the east arena pad of Angus Glen Community Centre.  Mr. Taylor explained the media launch, advertising opportunities, the partnership details, and the value and cost of the package.

 

Some discussion took place regarding costing of the package, confirmation of cost adjustments in the future, the need for good taste, the need for Mercedes Benz to display only innovative products at the Community Centre, potential liability to the Town, the possibility of an alternative to interior backlit signs, the need to stagger future contract maturity dates, and confirmation of public support for this effort.

 

Committee requested that staff investigate opportunities of this nature at other Town facilities such as the Frederick Horsman Varley Art Gallery and the various community centres.

 

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

 

That the non-exclusive partnership between the Town of Markham and Mercedes Benz Canada Inc., Markham Retail Division for the naming of the east arena at the Angus Glen Community Centre in the amount of $20,000 a year for a three year term be approved by Council;

 

And that a legal agreement between Mercedes Benz and the Town of Markham detailing the partnership be prepared by Legal Services;

 

And that Council authorize the Mayor and Clerk to execute this agreement in a form satisfactory to the Town Solicitor;

 

And that the Community Partnership Coordinator work with internal stakeholders to implement and service the partnership;

 

And that staff continue to negotiate with Mercedes Benz to fine tune the arrangements.

 

Carried


 

6.         U.S. RETAIL TOUR (10.0)     Memo   Schedule    Budget

 

Moved by Councillor J. Webster

Seconded by Councillor J. Virgilio

 

That the memo regarding the Retail Tour, dated April 12, 2005, be received;

 

And that the tour, as outlined in the Part A presentation to Development Services Committee on April 5, 2005 and in the preliminary schedule and budget, be approved;

 

And that funding to an upset limit of $38,000.00 be approved, to be provided from the Corporate Contingency Account (account #840-841-7849).

 

Carried

 

 

 

7.         PURCHASE OF SPONSORSHIPS
            KIDNEY FOUNDATION GALA -
APRIL 21, 2005 (12.2.6)    Report

 

Moved by Councillor J. Virgilio

Seconded by Councillor K. Usman

 

That Council purchase a table of 10 for the Kidney Foundation Gala in the amount of $3,000.  The Gala will be held at the Sheraton Centre Toronto Hotel on Thursday, April 21, 2005.  Charges to account 840 841 5840.

 

Carried

 

 

 

8.         2005 ADVISORY BOARD/COMMITTEES APPOINTMENTS (16.24)

 

Some discussion took place regarding the selection process for appointments to advisory boards and committees and the possible need for applications to be provided when Council appointments are made.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor E. Shapero

 

Canada Day Committee

That the following person be appointed to the Canada Day Committee for a term to expire November 30, 2006:

 

         James Bush


 

Cycling and Pedestrian Advisory Committee

That the following persons be appointed to the Cycling and Pedestrian Advisory Committee for a term ending November 30, 2008:

 

         Rachael Woodroffe – Unionville Representative

         Julie Schatz – Unionville Representative;

 

And that an advertisement be placed in the local newspapers requesting applicants to serve the Milliken Mills area (Wards 7 and 8);

 

Kyoto Task Force Committee

That the following persons be appointed to the Kyoto Task Force Committee for a term ending November 30, 2008:

 

            Allan Fogwill – Markham Representative

            Michael Lucas – Markham Representative

            Maggie Chien – Unionville Representative

            Kelly Dunn – Unionville Representative

            To be advised – Thornhill Representative;

 

And that John Mills, Environment Canada, be appointed as a volunteer resource to the Task Force;

 

And that an advertisement be placed in the local newspapers requesting applicants to serve the Milliken Mills area (Wards 7 and 8);

 

Markham Public Art Advisory Committee

That the resignation of Leslie Holt from the Markham Public Art Advisory Committee be received with regret and a letter of appreciation be forwarded;

 

Markham Race Relations Committee

That the following persons be appointed to the Markham Race Relations Committee for a term ending November 30, 2008:

 

         Warren Ali – Unionville Representative

         Vicki Brar – Unionville Representative

         Jan Godschalk – Thornhill Representative

         Basith Khan – Milliken Representative.

 

Carried


 

9.         LICENSING HEARING
            “SWEET DREAM HEALTH CENTRE”
           
570 HOOD ROAD, UNIT 27, MARKHAM (2.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the following recommendation of the Markham Licensing Committee be adopted and confirmed:

 

         1)      That the renewal application for a 2005 licence to own and operate a Body Rub Parlour known as “Sweet Dream Health Centre”, at 570 Hood Road, Unit 27, Markham, Ontario, be approved subject to the following conditions:

 

               -        That, for the first month after Applicant is notified of Council’s decision on this application, the business must close by 8:30pm, and

 

               -        That any further violations under By-law 2002-292 this year could result in a further hearing by the Markham Licensing Committee at which the 2005 licence could be revoked.

 

         2)      And that staff clarify the “Report to Licensing Committee” and all other pertinent documents to ensure that the wording used is both easy to understand and comprehensive from the point of view of applicants, some of whom may have English language difficulties, and the Licensing Committee.

 

         3)      And that staff develop a warning letter process to ensure that specific licensees are fully aware that violations, recent or further in the past, to By-law 2002-292 could result in the loss of the license.

 

         4)      And that pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

Carried

 

 

 

10.       COMMUNITIES IN BLOOM OFFICIAL LAUNCH (3.0)

 

Committee was advised that the official launch of the Communities in Bloom campaign is scheduled to take place on April 17, 2005 at the Frederick Horsman Varley Art Gallery.


 

11.       TSUNAMI BENEFIT DINNER (12.2.6)

 

Committee advised that the Tsunami Benefit Dinner that the Town of Markham is co-sponsoring with Merlyn’s Unique Catering to provide relief for St. Joseph’s Girls Home in the town of Trincomalee, Sri Lanka, will be held on June 10, 2005 not April 23, 2005, as previously advised.

 

 

 

12.       2005 NO-DIG SHOW TRENCHLESS TECHNOLOGY CONFERENCE
            & EXHIBITION, ORLANDO FLORIDA – APRIL 25-27, 2005 (11.12)

 

Committee was advised that, although approval was granted for Councillor A. Chiu to attend the 2005 No-Dig Show Trenchless Technology Conference and Exhibition in Orlando, Florida from April 25 to 27, 2005, no accommodation is available.

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 7:04 p.m.

 

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