M I N U T E S

GENERAL COMMITTEE

2007-09-10
Meeting No.21

Finance & Administrative Issues Community Services Issues

Chair: Councillor J. Virgilio Chair: Councillor A. Chiu

Chair, Budget Sub-Ctte: Councillor D. Horchik Transportation Issues

Chair: IT Sub-Ctte: Reg. Councillor J. Jones Chair: Reg. Councillor G. Landon

Chair: Grants Sub-Ctte: Councillor V. Burke Environment & Sustainability Issues

Chair: Councillor E. Shapero

Attendance

Mayor F. Scarpitti

Regional Councillor J. Jones

Regional Councillor 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 L. Kanapathi

Councillor A. Chiu

J. Livey, Chief Administrative Officer

C. Conrad, Town Solicitor

A. Taylor, Commissioner of Corporate Services

J. Baird, Commissioner of Development Services

A. Seabrooke, Acting Director, Library Services, Fire

Services, Recreation and Culture

P. Loukes, Acting Director, Operations and Water Works

S. Birrell, Town Clerk

B. Cribbett, Treasurer

B. Nanninga, Executive Assistant to Mayor and

Council

B. Labelle, Committee Clerk

The General Committee convened at the hour of 9:00 a.m. with Councillor J. Virgilio in the Chair.

DISCLOSURE OF INTEREST

Mayor F. Scarpitti declared a conflict of interest with respect to Item 14 - Award Of Tender 071-T-07 Supply And Delivery Of IBM Server Hardware as his family has a relationship with a representative from the vendor and refrained from the consideration or discussion of or vote on the question of the approval of such matter.

1. MARKHAM RODEO (3.5)

Ms. L. White, Animal Alliance, Ms. J. Woodyer, Markham resident and a former Ontario SPCA Animal Cruelty Investigator, and Ms. T. Daniels, Markham resident, were in attendance to support a recommendation put forward by Councillor E. Shapero and Councillor V. Burke to prohibit inhumane rodeo activities and practices regarding the treatment of animals. The proposed recommendation also directs staff to report back in the Fall with information and recommendations on appropriate By-law amendments. The deputants expressed concern over the treatment of animals during rodeo events. They spoke of certain practices that are employed to provoke aggressive behavior from the animals. Ms. J. Woodyer advised of a legislative void in which several other municipalities had passed By-Laws banning rodeos and inhumane animal practices.

The Committee agreed that a future By-Law on the matter should not only restrict inhumane practices at rodeos, but also at all animal related events held within the municipality.

Moved by Councillor Valerie Burke
Seconded by Councillor Erin Shapero

Whereas over the past two years, a rodeo event has been held in the Town of Markham;

And Whereas many activities/practices held in conjunction with a rodeo or similar events are performed for the enjoyment of the viewing public and cause no harm to the animals or performers involved;

And Whereas certain rodeo activities and practices are inhuman, in particular, calf and steer-roping, steer wrestling, chuck wagon raising, bucking events, wild cow milking, any farm animal chaces, and sheep and goat rides, and the use of bucking straps, spurs and electric prods and any other such devices;

And Whereas other municipalities, such as Vancouver, have amended or passed By-laws prohibiting inhumane rodeo activities and practices;

Now Therefore, be it resolved that Council approve, in principle, the prohibition of inhumane rodeo activities and practices and direct staff to report back in the fall with information and recommendations on appropriate By-law amendments;

And Further that staff include, in there review and consultation, representatives from the O.S.P.C.A., Markham Fairgrounds, Animal Alliance, any other interested animal protection organization and the sponsors of the local rodeo/stampede events.

CARRIED

2. MARKHAM WAXERS (3.3)

Communication

Mr. R. Thiessen, Markham Waxers, was in attendance to advise Members that the renovations at the Markham Centennial Community Centre were having a negative economic impact on the Markham Waxer Hockey Club Organization. It was noted that due to the reduced number of seats available attendance has dropped more than fifty per cent (50%) since last season and usage of the facility by the hockey club had been greatly compromised.

The Committee posed several questions to Mr. Thiessen regarding recent attendance at their games and requested further information on the physical constraints imposed by the renovations.

Moved by Regional Councillor J. Heath

Seconded by Deputy Mayor J. Jones

That the email dated August 22, 2007 from Mr. J. Cornacchia, Markham Waxers, to the Town of Markham regarding the ongoing renovations at the Markham Centennial Community Centre and the deputation by Mr. R. Thiessen on the same be received and referred to staff for a report back in two weeks.

CARRIED

3. FIREWORKS BY-LAW AMENDMENTS (2.3)

Ms S. Greiner, All Star Fireworks, was in attendance to petition against the licensing of mobile vendors selling fireworks in Markham. She suggested that the staff report and proposed By-Law amendments would make it easier for street vendors selling fireworks to do business within the Town of Markham.

Mr. D. Porter, Port Fire Pyrotechnics and Special Effects, was in attendance to discuss particulars about his business as a mobile vendor selling fireworks. Mr. Porter advised of the many Federal regulations in place noting that he had always been in compliance with them and the licensing obligations, financial and otherwise, imposed by the Town of Markham. Mr. Porter also noted that several other municipalities were in the process of amending their By-Laws and many, including the City of Toronto, were permitting the year round sales of fireworks.

The Committee expressed concerns and requested clarification on By-Law amendments regarding the process by which vendors must dispose of unsold fireworks. Members also discussed the application process in place for not-for-profit organizations to receive a permit for the temporary sale of fireworks. Staff advised that there was no fee charged to these groups but that all other requirements of the By-Law were to be met including the provision of third party insurance.

There was a discussion regarding the proposed training program that would require all permit holders to attend or have someone attend a fireworks training and information seminar. Staff confirmed that an individual who received the training would be required to be on site at all times. The Committee also noted concerns with respect to vendors from outside the municipality who decide to do business in Markham. Staff advised that they did not recommend the prohibition of vendors since the Legal Department opinion is that a municipality cannot restrict vendors from operating for competitive reasons. Members also expressed concerns regarding the recommendation to reduce the distance separation requirements for a mobile vendor from any road, occupied parking space and/or occupied building. There was discussion on the safety of mobile fireworks vendors and the Committee suggested that staff review the feasibility of including a further amendment to require that a fire extinguisher and/or sprinkler system is installed. Staff confirmed that there were strict Federal regulations in place requiring safety measures to be taken by all mobile vendors. Staff also noted that the Markham Fire Department carries out an inspection as a component of the permit application process. The Committee suggested that staff review the potential to include a provision within the By-Law that would permit Markham By-Law Officers to enforce Federal requirements. Members also suggested that staff review the City of Toronto’s By-Law.

Moved by Mayor F. Scarpitti

Seconded by Councillor G. Landon

That consideration of amendments to By-Law No. 2001-137, “Being a By-Law Respecting the Regulating, Licensing, Sale and Discharge of Fireworks” be deferred for one month to allow staff the time to review federal regulations on mobile vendors selling fireworks, to establish further safety requirements if necessary and to review the City of Toronto’s By-Law and report back.

CARRIED

4. PESTICDE BY-LAW

Mr. J. Bowan, Hydro One, was in attendance to request an amendment to the Town of Markham By-Law Regulating the Non-Essential Use of Pesticides to include a provision to permit Hydro One’s application of herbicides on right-of-way areas and within hydro generating stations when deemed necessary. He indicated that herbicides would be applied in accordance to a stringent vegetation control management program in which all alternative options would be exhausted prior to their use. Mr. Bowan advised that normally herbicides are only sprayed once ever six (6) years and always by licensed professionals. He indicated that if Hydro One did not have recourse to control vegetation growth in these areas, it could result in an impact on service delivery.

The Committee requested that Hydro One submit data to staff with respect to the location and quantity of pesticide and herbicide usage over the past year. Members also requested clarification regarding the amendments in place in the City of Toronto and the City of Guelph.

Moved by Regional Councillor J. Heath

Seconded by Councillor E. Shapero

That the request to amend the Town of Markham By-Law Regulating the Non-Essential Use of Pesticides to include a provision to permit the Hydro One’s application of herbicides in hydro corridors and generating stations be received and referred to staff to report back in October

CARRIED

5. UPDATE ON LOSS OF SOCCER FIELDS AT MARKHAM
DISTRICT HIGH SCHOOL

Mr. A. Seabrooke, Acting Director, Library Services, Fire Services, Recreation and Culture, advised that staff had met with representatives from Fletcher’s Fields who indicated they are interested in leasing a portion of their six rugby fields for the next season. He also indicated that staff is planning to meet with the Unionville Soccer Club, York Region District School Board, York Region Catholic School Board and other parties to discuss several other potential options to supplement the loss of fields at Markham District High School. Staff advised that a full report on the matter was forthcoming.

6. MINUTES OF THE JUNE 25, 2007 MEETING OF THE

GENERAL COMMITTEE (16.0)

Minutes

Moved by Councillor C. Moretti

Staff confirmed that there was no existing policy with respect to the need for a Committee/Board appointee to be a Markham resident.

Moved by Councillor G. Landon

Seconded by Regional Councillor T. Wong

Markham Village Train Station Community Centre Board

That the following appointments to the Markham Village Train Station Community Centre Board (Markham Village Conservancy) be confirmed, with the term to expire May 1, 2008:

Linaire Armstrong

Dorothy Gilbert

Dianne More, President

Elizabeth Plashkes

Theo Rothe

Mari Lin Van Zetten

Wayne Moss

Ken Rudy

Donna Wigmore

Nirmala Persaud-Armstrong

Tim Armstrong

Box Grove Community Centre Board

That the following persons be appointed to the Box Grove Community Centre Board for the term expiring December 31, 2007:

Tom Farrar, Chair

James Newell

Frank Orovits

Lorraine Crivaro

Michael Cavanagh

Stan Buell

Karen Feddersen

Dan McCombe

Bob Watt

Murray Cresswell

Markham Mobility Foundation

That the following appointments to the Markham Mobility Foundation for the term ending June 20, 2008 be confirmed:

Jean-Anne Dodge, Chair

Bob Mansour

Bob Sherwood

Bill O'Donnell

Tony Masongsong

Gary Kay

Amin Tejani

Carole Bell

Ralph Davidson

James Li

Glenn Reid

Don Gordon

Enzo Morini, Treasurer

Paul Kay

Rick Dominico

Thomas Gove

Bonnie Leonard, Secretary

Information Markham

That the following persons be appointed to the Information Markham Board for the term ending May 31, 2008:

Peter Miller, President

Mary Grande, 1st Vice President

Janice Ho, 2nd Vice President

Keno Chan, Treasurer

Judy Ng, Secretary

Victor Bocking

Tanya Cianfarani-DiPersio

Salim Manji

John Riddell

William Tyrrell

Markham Public Art Advisory Committee

That the resignation of Ms. Priti Tripathi from the Markham Public Art Advisory Committee be accepted with regret;

And that the vacant position be advertised with all other upcoming advisory committee vacancies in the fall of 2007.

Markham Conservation Committee

That the resignation of Mr. Mike Hough from the Markham Conservation Committee be accepted with regret and a letter of appreciation be forwarded.

CARRIED

16. STAFF AWARDED CONTRACTS FOR THE MONTHS
OF JUNE AND JULY, 2007 (7.12)

K. Newson, Ext. 4711

Report 1

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That the report entitled “Staff Awarded Contracts for the Months of June and July 2007” be received.

CARRIED

17. AWARD OF TENDER 071-T-07 SUPPLY AND DELIVERY OF
IBM SERVER HARDWARE (7.9)

S. Rao, Ext. 4868

Report

Moved by Councillor C. Moretti

Seconded by Councillor J. Webster

That the report entitled “Award of Tender 071-T-07 Supply and Delivery of IBM Server Hardware” be received;

And that Tender 071-T-07 for the Supply and Delivery of IBM Server Hardware be awarded to the lowest priced bidder, Compugen Inc. for a total award amount of $539,933.57 exclusive of GST and expiring on December 31, 2009;

And that Compugen Inc. be considered the preferred supplier for the Town of Markham for Server Hardware Technology of the next 3 years;

And that the award be funded from the 2005 ITS Capital Project 049 6150 6738 005 in the amount of $240,000.00 and from the 2006 ITS Capital Project 049 6150 7287 005 in the amount of $299,933.57;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(Mayor F. Scarpitti Abstained)

18. CERSWELL AVENUE STOP-UP AND CLOSE (8.0)

C. Conrad, Ext. 2181

Report 1

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor T. Wong

That a By-law be enacted to stop-up and close Cerswell Avenue on RP 2368, more particularly described as a portion of RCP 9766 LOT 15 RCP 9767 LOT 56 EXP PLAN 7696 PART 1, Town of Markham, Regional Municipality of York.

CARRIED

19. PURCHASE OF SPONSORSHIP – HOSPICE THORNHILL GALA,
NOVEMBER 3, 2007 (7.9)

B. Nanninga, Ext. 7510

Report 1

Moved by Councillor A. Chiu

Seconded by Mayor F. Scarpitti

That Council purchases a table of 10 for the 20^th Anniversary Gala of Hospice Thornhill, “An Evening of Music” on Saturday, November 3, 2007 at the Thornhill Golf and Country Club. Charged to account 840 8415840;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

20. LIQUOR LICENCE APPLICATION PROCESS (9.0)

S. Birrell, Ext. 4729

Report

Moved by Regional Councillor J. Heath

Seconded by Councillor J. Webster

That the Town of Markham lodge an objection to the following applications for liquor license:

Club Rio – 8261 Woodbine Avenue, Units 8 to 11

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

20. A. LIQUOR LICENCE APPLICATION PROCESS (9.0)

S. Birrell, Ext. 4729
Report

Moved by Regional Councillor J. Heath

Seconded by Councillor J. Webster

Whereas the York Region Police have withdrawn their objection to a liquor license application for Pixel 8 Lounge – 50 Bur Oak Avenue, Unit C-8, a result of the prohibition of the sale of alcohol prior to 4:00 p.m.;

That the Town of Markham objection to the above noted application be withdrawn.

CARRIED

20. B. NOTICE OF OBJECTION FROM THE ALCOHOL AND GAMING
COMMISSION OF ONTARIO (9.0)

Letter

Moved by Regional Councillor J. Heath

Seconded by Councillor J. Webster

That the letter from Ms. J Kim, Liquor Sales Licensing, Alcohol and Gaming Commission of Ontario, to Ms. S. Birrell, Clerk, Town of Markham, noting the receipt of the objection to a liquor license application on behalf of ‘Viva Night Club’ (to become Club Rio – 8261 Woodbine Avenue, Units 8 to 11) be received.

CARRIED

21. LIMOUSINE LICENSING BY-LAW (2.0)

S. Birrell, Ext. 4729

Report

Mr. M. Hamade, Air Ways Limousine, was in attendance to speak in opposition to staff recommendations regarding the use of an in-car dispatch system and the brokerage of limousines in the Town of Markham. Mr. Hamade advised that the ability to act as a broker would allow limousine plate holders the opportunity to increase their profitability. He also provided clarification that it was not his intention to use a dispatch two-way radio system, instead he proposed to use a cell phone radio system to place and receive calls while in the vehicle.

The Committee posed various questions relating in an attempt to further clarify the cell phone radio system currently used by Mr. Hamade and other limousine drivers. There was general agreement that the system he and others were currently using would not be prohibited by staff’s proposed recommendation. Members questioned whether or not staff had considered a deposit process for the issuance of limousine plates. Staff advised that they had, but reiterated the need to maintain all aspects of the owner-operator program. Staff advised the main objective in both the taxi and limousine industry is to have the best possible service provided to the residents and to have the safest, most well maintained vehicles.

Moved by Councillor E. Shapero

Seconded by Regional Councillor J. Jones

Whereas the current By-law does not prohibit the use of a radio system within a cell phone;

That the request of Airways Limousine Service for relief from the Limousine Licensing By-Law to permit them to broker limousines and to receive dispatch calls in the vehicles be denied;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

Communication

The Committee discussed the potential to adopt a Town bird. Members decided that the situation warranted further discussion to be held at a later date.

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That the letter dated May 15, 2007 from Ms. C. Weeks, For Markham Towne Quilters Guild, to Ms. S. Birrell, Town Clerk, regarding the potential designation of a Town Bird be received

And that the Town Clerk communicate with the Markham Towne Quilters Guild commending them for the placement of the Ruby-Throated Hummingbird on their quilts.

CARRIED

26. CORRESPONDANCE FROM THE ASSOCIATION OF
MUNICIPALITIES OF ONTARIO (13.12.1)

Communication

Moved by Regional Councillor J. Heath

Seconded by Councillor L. Kanapathi

That updates from the AMO including a report to Members on the June 2007 board meeting and a communication regarding required Municipal action with respect to the Provincial Clean Water Act be received.

CARRIED

27. REQUEST FOR REGIONAL COUNCILL LANDON TO ATTEND
THE CANADIAN TDM SUMMIT (7.0)

Communication

The Committee posed questions regarding whether someone from staff was attending the event. Staff confirmed that Mr. A. Brown, Director of Engineering, and Mr. L. Mele, Traffic Demand Management Coordinator, would also be attending the event. It was clarified that Regional Councillor G. Landon would be using non-discretionary funds to attend the event.

Members requested that a list be compiled of all major upcoming events and that participation be dealt with at one time rather than be piecemeal. Staff noted the difficulty in creating an exhaustive list, but agreed to review the feasibility of doing so.

Moved by Regional Councillor J. Heath

Seconded by Councillor C. Moretti

That Regional Councillor Landon be permitted to attend the TDM Summit to be held in Calgary from November 25 – 28, 2007.

CARRIED

28. BILL CROTHERS SECONDARY SCHOOL

Mr. A. Seabrooke, Acting Director, Library Services, Fire Services, Recreation and Culture, advised of an amendment to the original plan to install three soccer fields with artificial fields at the Bill Crothers Secondary School site. He advised that due to complications with the proposed location of the East field, staff was recommending that artificial turf not be installed and instead be replaced with a natural field. Mr. Seabrooke, indicated that the cost of installing artificial turf on the East field would be greatly increased due to complications with the sub-grade and soil of the area. It was also noted that, due to these complications, the quality and life span of the playing surface may be compromised if artificial turf were to be installed.

Mr. Seabrooke advised that the recommendation had been vetted through a committee comprised of the architect for the project, Town staff and School Board staff. The Committee expressed concerns regarding the project and posed various questions relating the increased costs and potential for future problems. There was also discussion on the potential to move the location of the field in question. Members also suggested that the Town and other stakeholders meet with the Unionville Soccer Club to discuss potential options. Staff agreed to arrange for a meeting.

Moved by Mayor F. Scarpitti

Seconded by Councillor C. Moretti

That the update by Mr. A. Seabrooke, Acting Director, Library Services, Fire Services, Recreation and Culture, regarding the development of soccer fields on the Bill Crothers Secondary School site be received.

CARRIED

29. ANNUAL MEETING OF THE WIND ENERGY ASSOCIATION

Regional Councillor J. Heath advised of his interest to attend the Twenty Third (23^rd) Annual Wind Energy Association Conference and Trade Show to be held in Quebec City from September 30, 2007 to October 3, 2007. Members requested that Regional Councillor Heath bring forward more information regarding the event to the Town of Markham Council meeting on September 11, 2007.

There was discussion regarding the process in which Councillors are to submit a request to attend out of town conferences and trade shows.

ADJOURNMENT

The General Committee adjourned at 12:15 p.m.

2. MARKHAM WAXERS (3.3)

3. FIREWORKS BY-LAW AMENDMENTS (2.3)

6. MINUTES OF THE JUNE 25, 2007 MEETING OF THE

GENERAL COMMITTEE (16.0)

7. MINUTES OF THE MAY 18 AND JUNE 15, 2007 MEETINGS OF

THE PARKS BUILDING & CONSTRUCTION COMMITTEE (16.0)

8. MINUTES OF THE MAY 28, 2007 MEETING OF BOARD OF VARLEY

MCKAY ART FOUNDATION OF MARKHAM (16.0)

9. MINUTES OF THE MAY 29, 2007 MEETING OF THE MARKHAM

CONSERVATION COMMITTEE (16.0)

10. MINUTES OF THE JUNE 11, JUNE 25, AND JULY 16, 2007 MEETINGS

OF THE CANADA DAY COMMITTEE (16.0)

11. MINUTES OF THE MAY 28, 2007 MEETING OF THE MARKHAM

THEATRE ADVISORY BOARD (16.0)

12. MINUTES OF THE JUNE 19, 2007 MEETING OF THE INFORMATION TECHNOLOGY SUB-COMMITTEE (16.0)

13. MINUTES OF THE MAY 16, 2007 MEETING OF THE MARKHAM

ADVISORY COMMITTEE ON ACCESSIBILITY (16.0)

14. MINUTES OF THE JULY 17, 2007 MEETING OF THE MARKHAM

MUSEUM BOARD (16.0)

15. 2007 ADVISORY COMMITTEE/BOARD

APPOINTMENTS (16.24)

16. STAFF AWARDED CONTRACTS FOR THE MONTHS OF JUNE AND JULY, 2007 (7.12)

17. AWARD OF TENDER 071-T-07 SUPPLY AND DELIVERY OF IBM SERVER HARDWARE (7.9)

18. CERSWELL AVENUE STOP-UP AND CLOSE (8.0)

19. PURCHASE OF SPONSORSHIP – HOSPICE THORNHILL GALA, NOVEMBER 3, 2007 (7.9)

20. LIQUOR LICENCE APPLICATION PROCESS (9.0)

20. A. LIQUOR LICENCE APPLICATION PROCESS (9.0)

20. B. NOTICE OF OBJECTION FROM THE ALCOHOL AND GAMING COMMISSION OF ONTARIO (9.0)

21. LIMOUSINE LICENSING BY-LAW (2.0)

22. MONITORING THE MORAINE REQUEST FOR INFORMATION (5.7)

23. PEACE PARKS ACROSS CANADA (3.3)

24. DRINKING WATER SOURCE PROTECTION (13.12)

25. DESIGNATION OF TOWN BIRD (3.3)

26. CORRESPONDANCE FROM THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (13.12.1)

27. REQUEST FOR REGIONAL COUNCILL LANDON TO ATTEND THE CANADIAN TDM SUMMIT (7.0)

12. MINUTES OF THE JUNE 19, 2007 MEETING OF THE INFORMATION
TECHNOLOGY SUB-COMMITTEE (16.0)

16. STAFF AWARDED CONTRACTS FOR THE MONTHS
OF JUNE AND JULY, 2007 (7.12)

17. AWARD OF TENDER 071-T-07 SUPPLY AND DELIVERY OF
IBM SERVER HARDWARE (7.9)

19. PURCHASE OF SPONSORSHIP – HOSPICE THORNHILL GALA,
NOVEMBER 3, 2007 (7.9)

20. B. NOTICE OF OBJECTION FROM THE ALCOHOL AND GAMING
COMMISSION OF ONTARIO (9.0)

26. CORRESPONDANCE FROM THE ASSOCIATION OF
MUNICIPALITIES OF ONTARIO (13.12.1)

27. REQUEST FOR REGIONAL COUNCILL LANDON TO ATTEND
THE CANADIAN TDM SUMMIT (7.0)