M I N U T E S
COMMITTEE OF THE WHOLE
2003-01-28
Canada
Room
Meeting No. 3
Attendance
|
Mayor D. Cousens
Deputy Mayor F. Scarpitti
Regional Councillors T. Wong
B.
O'Donnell (6:00
p.m.)
Councillors S. Daurio
E.
Shapero
J.
Virgilio
G.
McKelvey
J.
Heath
D.
Horchik
K.
Usman
A.
Chiu
|
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development
Services
J. Sales, Commissioner of Community &
Fire Services
A. Taylor, Commissioner of Corporate Services
M. F. Turner, Commissioner of Strategy,
Innovations and
Partnerships
J. Mascarin, Acting Town Solicitor
S. Birrell, Town Clerk
A. Brown, Director of Engineering
B. Varner, Real Property Manager
B. Cribbett, Treasurer
J. Lustig, Manager, Financial Planning
M. Scott, Executive Coordinator
J. Kee, Committee Clerk
|
The Committee of the Whole meeting convened at the hour of
5:50 p.m. with Mayor D. Cousens in the Chair.
DISCLOSURE OF INTEREST
None declared.
1. MINUTES
OF COMMITTEE OF THE WHOLE
- JANUARY 14, 2003 (16.0)
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That the minutes of the Committee of the Whole meeting held
on January 14, 2003 be confirmed.
Carried
2. S'PORT FOR KIDS BALL 2003
BENEFIT GALA - APRIL 5, 2003 (12.2.6)
Moved by Councillor A. Chiu
Seconded by Regional Councillor F.
Scarpitti
That the report
entitled "S'Port for Kids Ball 2003 Benefit Gala - April 5, 2003",
dated January 20, 2003 be received;
And that a table for
10 be purchased for Councillors to attend S'Port for Kids Ball 2003 Benefit
Gala - April 5, 2003, being held at the Premiere Ballroom & Convention
Centre, Richmond Hill, at a total cost of $2,000.
Carried
3. MARKHAM AND RICHMOND HILL HYDRO
DISTRIBUTION COMPANIES - FOR PROFIT (13.7 & 13.2)
Moved by Councillor J. Virgilio
Seconded by Councillor K. Usman
That the Town of
Markham Council affirms its position that Markham Hydro Distribution Inc.
should continue as a corporation under section 142(1) of the Electricity Act
1998 and to operate on a for-profit basis;
And that the Town of
Markham Council affirms its position that Richmond Hill Hydro Inc. should
continue to operate on a for-profit basis;
And that the
following Resolution of the Council of the Corporation of the Town of Markham
be approved:
"WHEREAS
Section 142 of the Electricity Act, 1998, required municipalities
to convert their existing hydro‑electric commissions into corporations
incorporated under the Business Corporations Act (Ontario) before
November 7, 2000.
AND
WHEREAS Markham Energy Corporation and its subsidiaries, Markham Hydro
Distribution Inc. and Markham District Energy Inc., were incorporated under the
Business Corporations Act, (Ontario), as required pursuant to
Section 142 of the Electricity Act, 1998 and were established
effective as of January 1, 2000.
AND
WHEREAS subsequent to the formation of Markham Energy Corporation and its
subsidiaries, and with the approval of the Ontario Energy Board, Markham Hydro
Distribution Inc. and Hydro Vaughan Distribution Inc. each purchased fifty (50)
percent of the shares of Richmond Hill Hydro Inc. from the Town of Richmond
Hill effective December 27, 2001.
AND
WHEREAS Markham Hydro Distribution Inc. and Richmond Hill Hydro Inc. continue
to operate as highly efficient electricity distributors for the benefit of the
electricity customers of Markham and Richmond Hill.
AND
WHEREAS on December 9, 2002 Bill 210, the Electricity Pricing,
Conservation and Supply Act, 2002 (“the Act”) received third reading, Royal
Assent and came into force.
AND
WHEREAS the Act amends the Electricity Act, 1998, by adding
Section 159.1, which provides that each municipality that beneficially
owns voting securities in a corporation incorporated under Section 142 of
the Electricity Act, 1998, and that is licensed under the Ontario
Energy Board Act, 1998 to distribute electricity, may within 90 days
after Section 159.1 comes into force, pass a resolution affirming that the
corporation should continue to be incorporated as provided in
Section 142(1) of the Electricity Act, 1998.
AND
WHEREAS the Act also provides several consequences of failure to pass the
required resolution and submit the necessary certificate certifying the passing
of the resolution, which consequences include a prohibition against declaring
or paying dividends for the benefit of any person; a prohibition against any
disposition of the assets or liabilities of the electricity distribution
corporation; prohibitions against entering into certain contractual
arrangements; and an application being deemed to have been made to the Ontario
Energy Board for a rate order that incorporates a 0% return on common equity
which effectively converts the distribution corporation into a not‑for‑profit
business.
AND
WHEREAS Markham Hydro Distribution Inc. is a licensed electricity distributor that
was incorporated as provided in Section 142(1) of the Electricity Act, 1998
and is owned by the Town of Markham through its direct ownership of Markham
Energy Corporation, the parent corporation of Markham Hydro Distribution Inc.
AND
WHEREAS Richmond Hill Hydro is a licensed electricity distributor that was
incorporated as provided in Section 142(1) of the Electricity Act, 1998
and is 50% owned by the Town of Markham through its direct ownership of Markham
Energy Corporation, the parent corporation of Markham Hydro Distribution Inc.
AND
WHEREAS the ownership of Markham Hydro Distribution Inc. and Richmond Hill
Hydro Inc. has consistently ensured that the electricity customers of Markham
and Richmond Hill receive efficient electrical services at competitive rates.
NOW
THEREFORE BE IT RESOLVED THAT:
1.
The Council of the Corporation of the
Town of Markham affirms that Markham Hydro Distribution Inc., an electricity
distributor licensed under the Ontario Energy Board Act, 1998, and
Richmond Hill Hydro Inc. an electricity distributor licensed under the Ontario
Energy Board Act, 1998, which is 50 percent owned by Markham Hydro
Distribution Inc. should each continue to be incorporated as a corporation
under the Business Corporations Act (Ontario) as provided in Subsection 142(1)
of the Electricity Act, 1998 and to operate on a for-profit basis.
2.
The Mayor and Clerk are authorized to
prepare and file with the Minister of Energy the necessary certificate required
under Section 159.1 of the Electricity Act, 1998 as provided for in
the Act."
And that the Town of
Markham provide to the Province of Ontario the required "Certificate of
Passing of Resolution under Section 159.1 of the Electricity Act, 1998"
And that the City of
Vaughan be notified of the Town of Markham's decision.
Carried
4. LEASE FOR 8100 WARDEN
AVENUE (8.7)
Committee had before it a report dated January 28, 2003 from
the Manager of Real Property requesting Council's approval to enter into a
formal lease agreement with Markham Hydro
Distribution Inc. for property at 8100 Warden Avenue. Committee expressed some concern with
respect to the heating and cooling system in the building.
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That Council enact a
by-law authorizing the Mayor and Clerk to execute a lease agreement for the
property at 8100 Warden Avenue, between the Town of Markham and Markham Hydro
Distribution Inc. in a form satisfactory to the Town Solicitor;
* And further that the plans for the
conversion of the heating system at 8100 Warden Avenue be referred to
Markham Hydro Distribution Inc. staff for a report back to the Committee of
the Whole.
* Amended by Council at its meeting held on
February 11, 2003 to be substituted with "…referred to Town of Markham
staff…".
5. APPLICATION FOR EXEMPTION TO
NOISE CONTROL BY-LAW 218-89
16TH AVENUE TRUNK SEWER CONTRACT (2.10, 5.5)
Mr. Paul Jankowski, Director of Transportation, Design and
Construction Branch, Region of York, was in attendance and distributed copies
of his presentation on Phase II of the 16th Avenue Trunk Sewer project. He also provided Committee with an update on
the status of the Region's enhanced mitigation program, which will include: a
new Call Centre Number - 1-888-445-4418, and project website; a public status
update mailing; well survey prior to Phase II dewatering; a monitoring program
protocol meeting; meeting with residents committee - February 17; a public open
house in mid-March; and the establishment of a complaints appeal tribunal in
March.
Mr. Jankowski advised that the Region has adopted all
recommendations made by Terraprobe, the firm that had been retained by the Town
of Markham to provide an independent review of potential impacts to water
supply wells arising from dewatering activities carried out for the 9th
Line and 16th Avenue sewer construction. In addition, Committee was advised that the Region would be
negotiating with McNally International regarding the unsightly hoarding at the
construction site at 9th Line and 16th Avenue.
Committee advised that the Wideman Mennonite Church, just
north of Major MacKenzie on Highway 48, has been experiencing cloudy water and
rust problems, and requested that the Region follow up on this
immediately. Concern was also expressed
by Committee that the many residents in the area that have been affected by the
dewatering and presently have water tanks be contacted regarding long term and
alternative action.
Mr. Lorne Smith, 10292 McCowan Road, was in attendance to
query when all dewatering would cease at shaft C8, and to express his concerns
relating to the length of time being taken for completion of the project, and
the cost to the tax payers.
With respect to the public meeting planned, Committee
requested that the format include a presentation, followed by a question and
answer session.
Mr. Jankowski advised that the Region would follow up on
these requests and queries.
In response to Committee's comments regarding concerns with
the quality of water, Mr. Jankowski advised that Terraprobe has indicated that
the quality problems are not associated with the dewatering, however, the
Region would deal with any specific issues, if brought to their attention.
Alan Brown, Director of Engineering, advised that further
information will be presented to Council within the next few weeks relating to
Phase II and future dewatering, and in response to a concern regarding the
aquifer on 16th Avenue, he noted that this would be reviewed also.
Committee also requested the Region to provide information
regarding dewatering beyond Stone Mason Drive, and plans on how to mitigate
concerns.
Moved
by Councillor J. Heath
Seconded
by Regional Councillor F. Scarpitti
That an exemption to the Town’s Noise Control
By-Law 218 to extend the hours of work for the construction of the second phase
of the 16th Avenue trunk sanitary sewer from Stone Mason Drive to
Woodbine Avenue, as requested by the Region of York, be approved as follows:
(a) Shaft Locations
Location
1 - North side 16th Ave. opposite Longwater Chase (east)
Location
2 - South side 16th Ave. between Warden Avenue & Lockbridge Ave.
Location
3 - North side 16th Ave. between Woodbine Ave. & Rodick
Road
Exemption
Requested
1900 hours to 2300
hours Monday to Friday from February 1 2003 to December 31 2005 for shaft excavation
and construction
(b) Shaft Locations
Location 4 - North side 16th Ave. opposite Stone Mason Drive
Location 5 - North side 16th Ave. opposite Aiken Circle
Exemption Requested
1900 hours to 2400
hours Monday to Friday from February 1 2003 to December 31 2005 for shaft
excavation and tunneling
2400 hours to 0700
hours Monday to Friday from February 1 2003 to December 31 2005 for maintenance
And that the request by McNally International
for an extension to the existing Noise By-law exemption at the 16th
Avenue and 9th Line shaft location from October 2002 to April 30
2003 be approved.
And that the approval of the Noise By-Law
exemption for phase 2 of the 16th Avenue sewer and the extension of
the existing exemption at the 16th Avenue/9th Line location
be subject to the following conditions:
1.
submission of drawing for each shaft location outlining the
vicinity of abutting residential properties, equipment to be used on site,
lighting levels, etc.
2.
Meetings as required by Town with residents abutting the
shafts to review mitigative measures
3.
Implementation of a communication and well mitigation
program as per Regional Council’s November 21, 2002 resolution
4.
implementation of further mitigative measures arising from
the Town’s and/or Region’s peer review of the dewatering program and public
consultation process
5.
noise levels emitting from the shaft must meet
Ministry of the Environment Guidelines and Town By-law 218-89 (maximum 85
decibels)
6.
appropriate muffling devices must be installed on
all cranes and other equipment which will be utilized on the project.
7.
floodlighting at all shaft locations must be
adequately shielded to minimize light pollution
8.
heavy truck access to shaft locations must be
prohibited from 1900 hours to 0700 hours
9.
shaft areas must be enclosed on all sides by a
minimum 2.4m high insulated hoarding
10.
follow-up noise monitoring must be undertaken by the
Region and McNally International as required by and to the satisfaction of the
Town
11.
the Town has the right to rescind the exemption if
the Region fails to comply with the above conditions to the satisfaction of the
Town;
And that within six weeks, (no later than the third Council meeting from
this date), staff and the Region of York report on what action has been taken
regarding de-watering beyond Stone Mason Drive, and what steps are in place to
mitigate any concerns.
Carried As Amended
(Motion to amend follows)
Moved
by Councillor G. McKelvey
Seconded
by Councillor S. Daurio
That the resolution of Councillor J. Heath and Regional Councillor F.
Scarpitti be amended by adding the following:
"Within six weeks, (no later than the
third Council meeting from this date),
staff and the Region of York report on what
action has been taken regarding
de-watering beyond Stone Mason Drive, and what
steps are in place to mitigate
any concerns."
Carried
6. BELL CANADA COMMUNITY FUND
CONTRACT (8.2)
Moved by Councillor K. Usman
Seconded by Councillor A. Chiu
That the report
entitled "Bell Canada Community Fund Contract", be received;
And that the Mayor
and Clerk be authorized to execute the contract on behalf of the Town, thereby
securing Bell Canada's grant of $15,000 toward the development of the Innovation Synergy Centre Business Plan.
And that a letter of appreciation be forwarded to Bell Canada for their
continuing support.
Carried
7. 2003 ADVISORY
COMMITTEE/BOARD
APPOINTMENTS (16.24)
Moved by Regional Councillor B. O'Donnell
Seconded by Councillor A. Chiu
Markham Village B.I.A. Board of Management
That the following appointments to the Markham Village B.I.A. Board of
Management, be confirmed:
Dr. Morley Lem, Chair term
to expire December 31, 2003
Roger Clements, Vice Chair term
to expire December 31, 2003
Frankie Rose term
to expire December 31, 2003
Ellen Stewart term
to expire December 31, 2003
Debbie Ruddy term
to expire December 31, 2003
Amy Pialagitis term
to expire December 31, 2003
Jhurry Vimal term
to expire December 31, 2003
John Konidis term
to expire December 31, 2003
Alexis Muir term
to expire December 31, 2003
Judi McIntyre, Manager term
to expire December 31, 2003
Councillor Jack Heath term
to expire November 30, 2003
Councillor Khalid Usman term
to expire November 30, 2003
Canada Day Committee
That Mr. Sam Sahoy be appointed to the Canada Day Committee for the term
expiring November 30, 2003.
Box Grove Community Centre Board
That the following appointments to the Box Grove Community Centre Board,
be confirmed:
Mr. Tom Farrar term
to expire December 31, 2003
Mr. Frank Orovits term
to expire December 31, 2003
Mrs. Lorraine Crivaro term
to expire December 31, 2003
Mr. Dan McCombe term
to expire December 31, 2003
Mrs. Rina Abbott term
to expire December 31, 2003
Mr. Nick Agostino term
to expire December 31, 2003
Dr. Barb Beauchamp term
to expire December 31, 2003
Mr. Stan Buell term
to expire December 31, 2003
Mr. Bob Crone term
to expire December 31, 2003
Mrs. Karen Feddersen term
to expire December 31, 2003
Mr. Bodo Maslabey term
to expire December 31, 2003
Mr. Dave Rout term
to expire December 31, 2003
Mrs. Jeanne Taylor term
to expire December 31, 2003
Mr. Peter Taylor term
to expire December 31, 2003
Mr. Bob Watt term
to expire December 31, 2003
Regional Councillor G. Landon term
to expire November 30, 3003
Councillor J. Heath term
to expire November 30, 2003
Carried