M I N U T E S

GENERAL COMMITTEE

2007-05-28
Meeting No.16

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 (9:10 a.m.)

Regional Councillor J. Jones

Regional Councillor J. Heath

Regional Councillor T. Wong (9:50 a.m.)

Regional Councillor G. Landon

Councillor V. Burke

Councillor. E. Shapero (9:05 a.m.)

Councillor J. Virgilio

Councillor C. Moretti

Councillor J. Webster

Councillor D. Horchik

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

S. Birrell, Town Clerk

B. Cribbett, Treasurer

A. Seabrooke, Director, Strategic Services

A. Brown, Director, Engineering

P. Wealleans, Director, Revenues

J. Lustig, Director of Financial and Client Services

P. Loukes, Director, Operations

L. Kitteringham, Deputy Town Clerk

M. VanBerkum, Assistant Town Solicitor

L. Valentini, Assistant Town Solicitor

B. Boxma, Assistant Town Solicitor

B. Wiles, Manager, By-Law Enforcement & Licensing

C. Marsales, Manager, Waste Management

G. Dick, Chief Fire Prevention Officer

R. Mino, Fire Prevention Officer

B. Nanninga, Exec. Assistant to Mayor and Council

J. Kee, Committee Clerk

The General Committee convened at the hour of 9:00 a.m. with Councillor J. Virgilio in the Chair. Councillor E. Shapero assumed the Chair at 11:00 a.m. Councillor J. Virgilio assumed the Chair at 12:10 p.m.

DISCLOSURE OF INTEREST

None declared.

1. FIREWORKS BY-LAW (2.3)

Ms. Sara Greiner, owner of All Star Fireworks, was in attendance and spoke in opposition to the Town permitting street/mobile vendors selling fireworks. A letter dated May 7, 2007 from the President of the Korean Businessmen Association of Markham and Richmond Hill was presented advising of their strong opposition to transient vendors.

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That the presentation of Ms. Sara Greiner, owner of All Star Fireworks, be received;

And the letter dated May 7, 2007 from the President of the Korean Businessmen Association of Markham and Richmond Hill, be received.

CARRIED

2. YORK REGION INCLUSIVITY ACTION PLAN (13.4)

Presentation

Ms. Janet Rurak, Project Manager, York Region Inclusivity Action Plan, and Ms. Pat Cousins, Chief Executive Officer, York Region Neighbourhood Services, were in attendance and presented information on York Region’s Inclusivity Action Plan, which is an initiative to welcome and integrate immigrants into the community, and specifically to guide and support immigrants through the maze of information and resources in York Region. Members were advised that a new Welcome Centre is being located in the City of Vaughan, and members of its Working Group were introduced to Committee.

Core immigrant services will include: settlement and integration services; language training; accreditation and qualifications assistance; and employment support. It was noted that the Vaughan location is the first of up to five Welcome Centres being planned throughout York Region within the next five years.

Congratulations were extended to those involved in the Inclusivity Action Plan of the York Region Human Services Planning Coalition for this initiative, and it was suggested that Regional staff may wish to provide an overview of the whole inclusivity program in the future.

3. CANADIAN SPORTS INSTITUTE (6.4)

Presentation

Mr. A. Seabrooke, Director, Strategic Services, provided an update on the Canadian Sports Institute Feasibility Study, which is an initiative to establish a Canadian Sports Institute facility for major multi-sport training and competition, combining community use and high performance athletes in one complex.

The Presentation provided details relating to: site location; needs assessment; an overview of the proposed facility components; capital cost; projected operating pro-forma; specific site considerations; results of the traffic impact study; parking requirements; results of the economic impact analysis; correlations with Recreation Master Plan; Markham’s proposed community use of CSIO; and next steps.

Committee raised the matter of “accessibility” within the facility, and it was suggested that staff involve representatives of the Town’s Accessibility Committee in the planning process. Other matters discussed, included: on-street parking; use of facilities by community sports groups; feasibility of an indoor soccer complex; expansion capabilities; co-operative use of adjacent high school facilities; partnership with GO Transit; future plans for a 5-star hotel and convention centre; synergy relating to environmental issues and energy conservation; and the use of solar and thermal power.

Moved by Mayor F. Scarpitti

Seconded by Councillor A. Chiu

That the update provided by the Director, Strategic Services regarding the Canadian Sports Institute, be received.

CARRIED

4. MINUTES OF THE MAY 7 AND MAY 14, 2007 GENERAL COMMITTEE

MEETINGS (16.0)

May 7 May 14

Moved by Deputy Mayor J. Jones

Seconded by Councillor A. Chiu

That the minutes from the May 7 and May 14, 2007 General Committee meetings be confirmed.

CARRIED

5. MINUTES OF THE APRIL 2, 2007 MEETING OF THE MARKHAM

RACE RELATIONS COMMITTEE (16.0)

Minutes

Moved by Mayor F. Scarpitti

Seconded by Councillor D. Horchik

That the minutes from the April 2, 2007 meeting of the Markham Race Relations Committee be confirmed;

And that the following recommendation by the Markham Race Relations Committee at its April 2, 2007 meeting be received and referred to the Chief Administrative Officer to explore options available and report back to General Committee:

“That the Town of Markham create a consistent policy regarding excluding the display of religious symbols on Town property”

CARRIED

6. MINUTES OF THE APRIL 16, 2007 MEETING OF THE CANADA DAY

COMMITTEE (16.0)

Minutes

Report

Moved by Deputy Mayor J. Jones

Seconded by Councillor A. Chiu

That the report entitled, “Delegation of Signing Authority – MPAC Agreements” be received;

And that the Treasurer and/or the Director of Taxation be authorized to sign the annual municipal licence agreement on behalf of The Corporation of the Town of Markham with the Municipal Property Assessment Corporation (MPAC), and beginning in 2008, the proposed perpetual licence agreements as well as supplementary and omitted assessment Product Use Sheet agreements required to be signed prior to receipt of every supplementary or omitted assessment roll;

And that staff be authorized to do all things necessary to give effect to this resolution.

CARRIED

10. FIREWORKS BY-LAW (2.3)

Report

The Town Clerk advised that a public information meeting had been held in January of 2007 to obtain input and the report Committee had before it contained amended by-law regulations that addressed identified concerns. Mr. R. Mino, Fire Prevention Officer, was in attendance and responded to questions relating to Fire Code requirements.

Committee raised and discussed the following matters:

feasibility of restricting mobile vendors to not-for-profit and charitable groups only
further review of regulations relating to mobile vendors

requirement relating to the return of unsold fireworks to manufacturer – should return to original distributor instead?
written consent should be required from landlords that they have given permission for vendors to use their property
concern that temporary occupancies within buildings do not meet Fire & Building Codes; and are difficult to regulate
distinguish between various categories and sizes of fireworks
suggestion that all persons selling fireworks must attend and complete the fireworks training and information seminar
feasibility of charitable organizations receiving a discount when purchasing a license/permit to sell fireworks
that staff attempt to secure information on the amount of funds raised through fireworks sales by charitable organizations
suggestion that Town limit number of licenses/permits issued, similar to taxi owners; a possible preferential system for Markham residents;
suggestion that a cap be placed on the number of licenses/permits
feasibility of separation distance based on competition; consider locational restrictions; increase distance separation
suggestion that a map be prepared indicating vendor locations
conduct a review of standards relating to safety of mobile locations (concerns with heat of building, absence of sprinklers and/or alarm systems)
suggestion that the allowable age of a person discharging fireworks be raised above 18
concern regarding the lack of protection of businesses
clarification requested regarding the zoning of the property where fireworks are sold

It was generally agreed that due to the number of issues that required further study and clarification, that the matter be deferred and referred back to staff for further report in the fall.

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That the report dated May 10, 2007, entitled “Fireworks By-law” and the staff recommendations therein, be deferred and referred back to staff;

And that staff be requested to further review the regulations relating to fireworks mobile vendors and to consider and examine all other issues raised this date, and report back to General Committee in the fall of 2007.

CARRIED

11. PLACES OF AMUSEMENT PINBALL AND VIDEO GAMES
ROOMS BY-LAW AMENDMENTS (2.0)

D. Barker, Ext. 2128

Report

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That By-law 2002-289, “A By-law to provide for the Regulating and Licensing of Places of Amusement – Pinball and Video Games Rooms” be amended to:

Adjust hours of operation to require midnight closing versus the current 11 PM and to allow businesses to operate during school hours;
Require supervision of youths under 16 years, during school hours and after 9 p.m.;
Remove redundant sections, now regulated under other legislation (i.e. Fire Code);
Create two classes of licenses, Class A for establishments with four or more machines and Class B for establishments with three or less;
Provide requirements to prevent nuisances;
Require a designated operator be on duty at all times at each establishment;
Add a process for the refusal to issue and renew licences, and an appeal process; and
All other necessary housekeeping amendments.

That By-law 2002-284, “A By-law to establish Licence Fees” be amended to establish new licence fees for Class A and Class B Places of Amusement;

That an application for an Order and a schedule of set fines pursuant to the Provincial Offences Act and the rules for the Ontario Court of Justice be made;

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

CARRIED

12. DUFFINS AND CARRUTHERS WATERSHED RESOURCE
COMMITTEE – RESIGNATION OF COUNCILLOR
SHAPERO (16.24)

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That the resignation of Councillor E. Shapero from the Duffins and Carruthers Watershed Resource Committee, due to scheduling conflicts, be received with regret.

CARRIED

13. MARKHAM ASSOCIATION OF TOWNHOME CONDOMINIUM
OWNERS (MATCO) – ESSENTIAL SERVIES (3.7)

P. Wealleans, Ext. 4734

Report 1

Mr. Paul Wealleans, Director, Revenues, advised that the staff report is in response to a presentation given by representatives of the Markham Association of Townhome Condominium Owners requesting that a task group be established to review the issue of services provided by the Town to owners of residential properties. Members were reminded that condominiums are on privately owned lands and owners agree to be responsible, both financially and otherwise, for the provision of certain services as stated in their agreements/declarations required under the Condominium Act, 1998.

Committee raised and discussed the following issues:

fairness and services for all
suggestion to search for “middle ground”; meet with MATCO in a working group
potential increase in tax rate affecting all Markham property owners
establish terms of reference of a working group
it is a Provincial issue, but Town could advocate some issues to the Province
options should be investigated and explored
potential for business/commercial property owners (i.e. shopping malls) to request similar treatment

Moved by Councillor J. Webster

Seconded by Deputy Mayor J. Jones

That the report dated May 28, 2007 entitled “Markham Association of Townhome Condominium Owners (MATCO) – Essential Services” be received;

And that the establishment of a working group be approved in principle to review issues and options available relating to the request of the Markham Association of Townhome Condominium Owners;

And that staff be requested to prepare terms of reference for the working group to review any issues the Town of Markham could act as advocate for at the Provincial level.

CARRIED

14. APPOINTMENT OF COUNCIL REPRESENTATIVE ON THE
STAFF APPRECIATION DAY COMMITTEE (12.0)

Presentation

Mr. Peter Loukes, Director, Operations, presented detailed information relating to the York/Durham Environmental Assessment (EA) study, including: issues under consideration by York Region Council; potential amount of residue; the Dongara facility in Vaughan; landfill opportunity at Green Lane; disposal cost comparisons; and put or pay landfill vs incineration.

Staff presented a draft resolution for Committee’s consideration.

Committee discussed the following matters:

identified 5 sites: 4 sites in Clarington and 1 site in East Gwillimbury
concern raised regarding methane emissions; air quality; odours
stabilization of landfill suggested
importance of improvement of education programs for residents
feasibility of extending contract with Green Lane
more stringent diversion programs and environmental considerations required

Some concern was raised with respect to certain aspects of the proposal, and Members discussed suggested amendments and changes to the staff resolution relating to waste diversion strategy and population based programs. It was also suggested that the “whereas” clauses in the proposed resolution be removed.

Moved by Councillor E. Shapero

Seconded by Regional Councillor J. Heath

That the following amendments to the proposed resolution be referred to staff;

That the Region of York adopt a “zero percent” waste diversion strategy with a goal of 75% by 2011 and “zero percent” waste by 2030;

And that the Region of York be advised that the Town of Markham does not support the financial model based on population, due to our stated goal of the rates of diversion;

And that staff be requested to comment and report on these and other relative matters relating to the proposal, including financial considerations, before the Region of York deals with this matter on June 16, 2007.

CARRIED

Moved by Regional Councillor J. Heath

Seconded by Deputy Mayor J. Jones

That the “whereas” clauses in the draft resolution, as presented, be excluded.

CARRIED

Moved by Councillor E. Shapero

Seconded by Regional Councillor J. Heath

That Markham supports York Region’s plan to secure long term disposal capacity (in concert with Durham or other potential partners) for waste residue;

And that prior to finalizing any tonnage ‘put or pay’ commitments for the proposed incinerator, the Region of York be requested to prepare a detailed financial analysis containing cost comparisons of all waste management options including incineration, existing Ontario landfills (public and private) and the potential for a second pellet manufacturing facility located in York Region for the long term disposal of waste residue;

And that a financial consultant independent of the EA study process be retained to prepare the financial analysis;

And that a copy of this Report be forwarded to York Region, Durham Region, and each of the Area Municipalities in the Regions of York and Durham.

CARRIED

18. 2007 SENIOR ACHIEVEMENT AWARDS (13.2)
Letter

Moved by Deputy Mayor J. Jones

Seconded by Councillor L. Kanapathi

That the letter dated April, 2007 from The Honourable J. Bradley, Minister Responsible for Seniors, regarding the 2007 Senior Achievement Awards be received.

CARRIED

Letter

Moved by Deputy Mayor J. Jones

Seconded by Councillor L. Kanapathi

That the letter dated May 11, 2007 from Mr. L. McCoomb, President and CEO, GTAA, to City of Toronto Mayor D. Miller regarding Toronto’s recent By-law with respect to new restrictions for taxicabs and limousines licensed to operate at Toronto Pearson International Airport be received;

And that the Town Clerk review this issue and its impact on the Town of Markham and provide a verbal update in two to four weeks.

CARRIED

25. BUSINESS EXPENSE AUTHORIZATION – CANADIAN
SPORTS INSTITUTE – OTTAWA (10.16 & 11.12)

Moved by Councillor E. Shapero

Seconded by Councillor L. Kanapathi

That Deputy Mayor J. Jones be authorized to attend meetings in Ottawa relating to the Canadian Sports Institute Ontario in May of 2007.

CARRIED

26. COUNCIL AND STANDING COMMITTEE

COMMUNICATIONS PROCEDURES (16.0 & 16.23)

Committee raised the matter of Council and Standing Committee communications, and noted that only correspondence addressed to Mayor and Members of Council should be placed on such agenda, and not correspondence to individual Councillors.

27. SHOPPING CART CONTROL STRATEGY (5.0 & 2.0)

Committee requested that staff provide an update on the status of the shopping cart control strategy, including the shopping cart control by-law.

28. STIVER MILL STEERING COMMITTEE – APPOINTMENTS (16.34)

Moved by Councillor E. Shapero

Seconded by Councillor J. Webster

That the following persons be appointed to the Stiver Mill Steering Committee:

Christl Reeh – Unionville Villagers Association

Ken Davis – Unionville Villagers Association

Richard Talbot – Unionville Villagers Association

Wes Rowe – Alternate - Unionville Villagers Association

Jeanne Ker-Hornell – Alternate - Unionville Villagers Association

CARRIED

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General Committee recessed at 12:30 p.m. and re-convened at 12:35 p.m.

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29. BILL 130 (13.2)

Report

Ms. Kimberley Kitteringham, Deputy Town Clerk, provided Committee with a broad overview of the amendments to the Municipal Act arising from the passage of the Municipal Statute Law Amendment Act, 2006, (Bill 130).

Members were advised that staff is undertaking a review of current Town by-laws, policies and procedures to identify opportunities and requirements provided by Bill 130, and future reports will be presented that will deal with specific issues and provide recommendations for consideration.

Committee queried the following matters relating to the amendments:

· Retail Business Holidays Act – clarification requested relating to Town and Region jurisdiction (Fall 2007)

· Broad taxation powers of City of Toronto Act (COTA)

· Clarification of exceptions to meetings open to the public; closed meeting criteria; and Closed Meeting Investigator appointment

· Clarification of terms: “committee”, “task force”, “working group”, “meeting”; “duly constituted group”; guidelines and protocols should be established

· Animal control – example of a delegated power

· Do fences qualify for development charges (Staff to report back by memo)

Members requested copies of the detailed notes associated with the staff presentation for their information.

Moved by Regional Councillor J. Heath

Seconded by Councillor A. Chiu

That the presentation on Bill 130 by the Deputy Town Clerk be received;

And that the report entitled “Proclamation of Bill 130-Amendments to the Municipal Act, 2001” be received for information purposes;

And that Staff report to Council on specific items arising from the amendments to the Municipal Act, 2001.

CARRIED

ADJOURNMENT

The General Committee meeting of May 28, 2007 adjourned at 1:40 p.m.

1. FIREWORKS BY-LAW (2.3)

2. YORK REGION INCLUSIVITY ACTION PLAN (13.4)

3. CANADIAN SPORTS INSTITUTE (6.4)

4. MINUTES OF THE MAY 7 AND MAY 14, 2007 GENERAL COMMITTEE

MEETINGS (16.0)

5. MINUTES OF THE APRIL 2, 2007 MEETING OF THE MARKHAM

RACE RELATIONS COMMITTEE (16.0)

6. MINUTES OF THE APRIL 16, 2007 MEETING OF THE CANADA DAY

COMMITTEE (16.0)

7. 2007 ADVISORY COMMITTEE/BOARD

APPOINTMENTS (16.24)

8. STAFF AWARDED CONTRACTS FOR THE MONTH OF APRIL 2007 (7.12)

9. DELEGATION OF SIGNING AUTHORITY – MPAC AGREEMENTS (7.1)

10. FIREWORKS BY-LAW (2.3)

11. PLACES OF AMUSEMENT PINBALL AND VIDEO GAMES ROOMS BY-LAW AMENDMENTS (2.0)

12. DUFFINS AND CARRUTHERS WATERSHED RESOURCE COMMITTEE – RESIGNATION OF COUNCILLOR SHAPERO (16.24)

13. MARKHAM ASSOCIATION OF TOWNHOME CONDOMINIUM OWNERS (MATCO) – ESSENTIAL SERVIES (3.7)

14. APPOINTMENT OF COUNCIL REPRESENTATIVE ON THE STAFF APPRECIATION DAY COMMITTEE (12.0)

15. WEDDING PHOTO PERMIT

PARKS SIGNAGE (2.0, 6.3)

16. MARKHAM ENERGY CONSERVATION OFFICE (MECO) YEAR IN REVIEW REPORT (5.7)

17. YORK DURHAM ENVIRONMENTAL STUDY (5.7)

18. 2007 SENIOR ACHIEVEMENT AWARDS (13.2) Letter

19. OMERS 2006 ANNUAL REPORT (5.7) Letter

20. ANGUS GLEN GOLF CLUB – DRAFT PESTICIDE BY-LAW (5.7)

21. CORNELL RATE PAYER’S ASSOCIATION (CRPA) – EAST MARKHAM COMMUNITY CENTRE DEVELOPMENT (13.12)

22. ROSE OF SHARON: ANNUAL GENERAL MEETING (13.12)

23. MEMO: SMOG SUMMIT - JUNE 7, 2007 (13.1)

24. GREATER TORONTO AIRPORT AUTHORITY (13.5.2)

25. BUSINESS EXPENSE AUTHORIZATION – CANADIAN SPORTS INSTITUTE – OTTAWA (10.16 & 11.12)

26. COUNCIL AND STANDING COMMITTEE

COMMUNICATIONS PROCEDURES (16.0 & 16.23)

27. SHOPPING CART CONTROL STRATEGY (5.0 & 2.0)

28. STIVER MILL STEERING COMMITTEE – APPOINTMENTS (16.34)

29. BILL 130 (13.2)

11. PLACES OF AMUSEMENT PINBALL AND VIDEO GAMES
ROOMS BY-LAW AMENDMENTS (2.0)

12. DUFFINS AND CARRUTHERS WATERSHED RESOURCE
COMMITTEE – RESIGNATION OF COUNCILLOR
SHAPERO (16.24)

13. MARKHAM ASSOCIATION OF TOWNHOME CONDOMINIUM
OWNERS (MATCO) – ESSENTIAL SERVIES (3.7)

14. APPOINTMENT OF COUNCIL REPRESENTATIVE ON THE
STAFF APPRECIATION DAY COMMITTEE (12.0)

16. MARKHAM ENERGY CONSERVATION OFFICE (MECO)
YEAR IN REVIEW REPORT (5.7)

18. 2007 SENIOR ACHIEVEMENT AWARDS (13.2)
Letter

19. OMERS 2006 ANNUAL REPORT (5.7)
Letter

21. CORNELL RATE PAYER’S ASSOCIATION (CRPA) – EAST
MARKHAM COMMUNITY CENTRE DEVELOPMENT (13.12)

25. BUSINESS EXPENSE AUTHORIZATION – CANADIAN
SPORTS INSTITUTE – OTTAWA (10.16 & 11.12)