2004-9-28
COUNCIL MINUTES Council Chamber, Civic Centre
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (5:45pm), Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)
Regrets
Regional Councillor B. O'Donnell, Councillor G. McKelvey. (2)
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That Council resolve itself into the Committee of the Whole to discuss the following:
(1) Celebration of the Arts Markham Theatre - Request For Assistance (7.0, 12.2.6)
(2) Hydro One Update (13.8)
(3) Hydro One - Bill 100 (13.8)
(4) Award of Tender No. 123-T-04 Construction of the Museum Reception Centre Building & Parking Lot (7.12)
(5) 2004 Committee/Board Appointments (16.24)
(6) Application for Adult Entertainment Parlour Owner’s License Renewal, 1598238 Ontario Limited “Friction Gentlemen’s Club”, 175 Anderson Ave, Markham (2.0)
(7) Suspension & Revocation of Adult Entertainment Parlour Operator’s Licence “Friction Gentlmen’s Club”, 175 Anderson Avenue, Markham (2.0)
(8) Proclamation - World Sight Day - October 14, 2004 (3.4)
(9) Disaster Relief Donation Haiti (7.6)
CARRIED
The Regular Meeting of Council was held on September 28, 2004 at 7:00 p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones (
Regrets
Regional Councillor B. O'Donnell, Councillor G. McKelvey. (2)
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
S. Birrell, Town Clerk
J. Carnegie, Director, Corporation Communications
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
P. Miller, Manager, Secretariat Services
B. Nanninga, Executive Assistant
J. Sales, Commissioner of Community & Fire Services
A. Taylor, Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That Council rise from the Committee of the Whole and the Chairman report.
CARRIED
Mayor D. Cousens reported the following motions passed at the Committee of the Whole meeting:
That the letter and email communication dated September 15, 2004 from
Debra Weller, Celebration of the Arts requesting assistance with Markham
Theatre costs for the Celebration of the Arts to be held on October 16, 2004 be
received;
And that the email dated
And that a grant in the amount of $1,500.00 be approved for the 2004
event;
And that staff be authorized to negotiate additional contra agreements
with the theatre;
And that there be further discussion and consultation for future years
on a regional basis.
That the Hydro One update by the Commissioner of Development Services
be received;
And that the presentation by Deputy Mayor F. Scarpitti regarding a
commitment made by PowerStream staff, and accepted by the PowerStream Board of
Directors, that PowerStream will study and report on the potential effects
of various transmission options under review as part of the Hydro One Class
Environmental Assessment ("EA") process (including ability to service
growth; reliability; technical efficiency; environmental effects including appearance,
EMFs and proximity to populated areas; timing; and profitability), be
received;
And that Council of the Town of Markham endorse the PowerStream
commitment and request similar endorsement from the Councils of the Town of
Aurora, the Town of Newmarket, Town of Richmond Hill and the City of Vaughan;
And that Council of the Town of Markham request that Councils of the
Town of Aurora and the Town of Newmarket direct their local power distribution
companies to perform a similar review of the transmission options under review
as part of the current Hydro One Class Environmental Assessment of the York
Region Transmission Supply Project;
And that Council of the Town of
Whereas on June 15, 2004, the Minister of Energy introduced Bill 100, an Act to amend the Electricity Act, 1998 and the
Ontario Energy Board Act, 1998 and to make consequential amendments to other
Acts, which, if passed, will reform the provincial electricity
sector;
And whereas Bill 100 is presently at the second reading stage following
consideration by Ontario's Standing Committee on Social Policy;
And Whereas Bill 100 will establish an office known as the Conservation
Bureau, to provide leadership in energy conservation and load management within
Ontario;
And Whereas Bill 100 will amend the Electricity
Act, 1998 to provide a process for integrated energy resource
management within Ontario, which will encompass issues of supply, demand and
transmission and encourage conservation, load management and greater reliance
on renewable energy;
And Whereas Bill 100 will create the Ontario Power Authority (“OPA”) to
forecast the medium and long-term energy needs within the Province, and to
conduct independent planning for generation, demand management, conservation,
alternative energy supply, and transmission;
And Whereas the Hydro One Transmission Supply Project for York Region
has been proposed and is being assessed strictly on the basis of forecast
transmission needs, without any consideration of demand and load management,
conservation or alternative energy supply;
And Whereas one or more of the local utilities for whom Hydro One has
proposed the Transmission Supply Project for York Region are now reconsidering
those forecast transmission needs and alternatives available to meet those
needs;
Be it therefore proposed that the Councils of the Towns of
Markham, Aurora, Richmond Hill and Newmarket and the City of Vaughan request
that the Minister of Energy direct that Hydro One suspend the Class EA process
in relation to the Transmission Supply Project for York Region, and designate
York Region as the pilot region for the OPA’s integrated resource management
forecasting and planning process under Bill 100.
That Tender # 123-T-04 for the construction of the Museum Reception
Centre Building and Parking Lot
be awarded to the lowest price and acceptable bidder Surrey Construction as
follows in the total amount of $1,089,502.83 inclusive of 7% GST ($1,018,226.94
exclusive of GST);
And that a contingency of $
53,500 inclusive of 7% GST ($50,000
exclusive of GST) be established and that the General Manager, Construction and Utilities,
be authorized to approve cost overrun up to the contingency amount;
And that funding is provided from the approved 2003/2004 Museum Capital
Budgets in the amount of $698,300 for this contract;
And that Council pre-approve $490,000 from
the 2005 Recreation and Cultural Services Department Construction Capital
Budget to award this contract.
Markham Conservation Committee
That the resignation of Donna Sardone from the Markham Conservation
Committee be accepted with regret and a letter of appreciation be forwarded;
And that a replacement appointment be considered at the time of other
appointments in fall, 2004.
Markham Race Relations Committee
That the resignation of Ashna Kohli from the Markham Race Relations Committee
be accepted with regret and a letter of appreciation be forwarded;
And that a replacement appointment be considered at the time of other
appointments in fall, 2004.
Markham Public Art Advisory Committee
That the following be appointed to the Markham Public Art Advisory Committee for a term to expire November 30, 2005:
Ms. Deborah Castello
Ms. Elizabeth Chong
Mr. Paul Leonidis
Mr. Virendar Puri
Ms. Leslie Holt
Ms. Azra Riaz
Ms. Judi McIntyre
Ms Priti Tripathi
That the owner’s license for
1598238 Ontario Limited, c.o.b. as Friction’s Gentlemen’s Club, at 175 Anderson
Avenue, issued pursuant to Town of Markham By-law 2002-287 be renewed for a
temporary period of 30 days and such renewal shall take effect once the
following conditions have been satisfied:
1. The following
alterations shall be made to the VIP area of the club:
a.
all walls and partitions in the VIP area shall be removed and replaced
with a railing that shall not obstruct the view into the VIP area to the
satisfaction of the Licensing Officer for the Town of Markham and in compliance
with the provisions of the Building Code;
b.
all couches in the VIP area shall be removed and replaced with tables and
chairs to the satisfaction of the Licensing Officer for the Town of Markham;
c.
adequate lighting shall be installed in the VIP area and throughout the
club to ensure adequate visibility to the satisfaction of the Licensing Officer
for the Town of Markham;
2. A written
schedule of training with respect to the provisions of the Town’s by-law No.
2002-287, for attendants who will provide adult entertainment services shall be
provided to the satisfaction of the Licensing Officer.
And that the temporary 30 day
renewal of the owner’s license granted to 1598238 Ontario Limited shall be
subject to the following conditions:
1. An
application for a new owner’s license and operator’s license for the subject
adult entertainment establishment at 175 Anderson Avenue shall be made and
submitted to the Licensing Officer of the Town of Markham.
2. The new owner
shall provide with his application for a license to the Licensing Officer of
the Town of Markham a signed letter of agreement, acknowledging and agreeing to
comply with all the conditions set out herein and which are attached to the
temporary license granted to 1598238 Ontario Limited.
3. The
named persons shall not be employees of or have any involvement in or
connection with the operation of the subject business.
4. Training
shall be provided with respect to the requirements of the Town of Markham
By-law 2002-287 to all attendants who will provide adult entertainment services
at 175 Anderson Avenue in accordance with the letter provided to the Licensing
Officer as set out above.
5. An
operator shall be designated to monitor the activity in the VIP area and shall
walk through and conduct inspections of the VIP area at 15 minute intervals.
That the current operator’s license to operate Friction’s Gentlemen’s
Club at
That
And that a letter be forwarded from the Mayor's Office to that effect.
That a grant in the amount of $1,000 to Haiti be approved with respect
to the recent hurricane disaster;
And that such grant be directed through a recognized agency;
And that staff of the Town of Markham be provided the opportunity to
match this donation.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That the Report of the Committee of the Whole be adopted, approved and confirmed.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the Minutes of the Council Meeting held on September 14, 2004, be adopted.
CARRIED
Council consented to add Presentations (3).
Council acknowledged the Markham Group of Artists and Markham Group of Writers for their collaboration on a book published in September, 2004.
CELEBRATE
OUR ENVIRONMENT
Council extended appreciation and thank the following community groups and individuals for their participation in Celebrate our Environment:
Ward 1
Grandview Area Residents'
Association
Kirk Drive Clean up
Crew
Pomona Mills Park
Conservationists
Ward 2
Friends of Little German
Mills Creek
5th Thornhill
Scouts
7th Thornhill
Scouts Canada
Ward 3
1st Unionville Scouts
6th Unionville
Sparks
All Saints School
Buddha’s International Light
Association
Jean Rattray
Mark Garvey
Markham Girl Guides
Markham Rugby Club
St. Matthew's Catholic
School
Sunoco
The Walden Pond Walkabout -
A Pollution Solution
William Berczy Public School
Eco Club
Ward 4
2nd Markham Falcon Scout Troop
James Robinson Public School
Markham Lion's Club
Milne Park Conservation
Association
Sanofi Synthelabl
Ralph Tuckwell
Wismer Public School
Vision Youth Leadership
Program
Ward 5
748 Royal Canadian Army
Cadets
Cedar Grove Residents
Association
Cornell Village Public
School
Rouge Fairways Residents
Association
Sandra Moyer
Vinegar Hill Ratepayers
Association
Ward 6
2nd Unionville Cub Pack
3rd Unionville Scouts
Johnson & Johnson
Medical Products
Victoria McGrath
Ward 7
238 Scout Troop
333rd Markham Scouts
Sri Sathya Sai Centre of
Toronto
Ward 8
Milliken Mills Lions Club
Johnson Controls Ltd
In Kind Assistance
Markham Parks Operations Staff
Markham Roads Operations Staff
Markham Corporate Communications Staff
SILVER
TRASH CAN AWARD
The Silver Trash Can Award is presented to groups who have collected the most bags of garbage:
Junior
St. Mathew’s Catholic School
Senior
None
Special
The Walden Pond Walkabout – A Pollution Solution
NATURAL
GARDENS TOUR
Council extended appreciation and thanked the
following community groups and individuals for their participation in opening
their gardens to the public for the Natural Gardens Tour:
Ward 1
Valerie Burke
Ward 2
Elizabeth Hutchison
Brian Kaplan
Eric & Kate Shapero
Ward 4
Lesley Price
Ward 7
David Vince
Ward 8
Kun Mio
In Kind Assistance
Dave Rogalsky, TRCA
Mark Lowe, TRCA
Colleen Cirillo - Markham Green Neighbourhoods
& Natural Gardens Tour Co-ordinator
Trudy Tatangelo, volunteer
Councillor Shapero advised of the recent Heart and Stroke Foundation
Mother/Daughter Walk at Toogood Pond at which the foundation doubled its
fundraising goal of $22,000.00.
Moved by Councillor J. Virgilio
Seconded by Councillor K. Usman
That Report No. 47 - Economic Development Committee be received and adopted.
September 13, 2004
That
the report entitled “SARS Recovery Program – Final Report”, dated September 13,
2004, be received;
And
that “Thank You” letters be sent on behalf of Markham Council to Brenda
McGowan, York Region Tourism Coordinator; Chris Hales, Chair of the North East
Toronto Hotel Association (and GM of the Radisson Hotel); and the Province of
Ontario (for its $100,000 support);
And
that Regional Councillor Bill O’Donnell (Task Force Chair), and members of the
Markham SARS Economic Recovery Task Force (Deputy Mayor Scarpitti, Councillor
Usman, Councillor Chiu, and former Regional Councillor Tony Wong) be
acknowledged;
And further that upon receipt of York
Region’s final report to the Province and Markham in late fall, 2004, that the
report be circulated to Committee, Council, Finance and the Clerk’s office.
That the presentation of the Director,
Economic Development, regarding the Marketing Program for the Balance of 2004,
be received.
And
that Councillor A. Chiu and Economic Development Officer D. Ciastko be
authorized to represent
That the Economic Development
Committee minutes dated September 13, 2004 be received.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That Report No. 48 - Community Services & Environment Committee be received and adopted.
September 13, 2004
That the minutes of the Advisory Committee on Accessibility meeting
held on June 17, and August 18, 2004, be received.
And that the following resolutions from the
“That a standard signage program
that addresses accessibility issues for all residents of Markham be
established;”
“That Council be requested to
consider examining the western existing part of the Centennial Community Centre
with respect to accessibility issues and include the remediation of any issues
in the current project.”
That the report entitled “Consolidated Agreement for Child Care
Services” be approved;
And that Council authorize the Mayor and Clerk to execute a
Consolidated Agreement for Child Care Services between the Town of
That the report titled "Authorization for Commissioner of
Community and Fire Services to Enter into Non-Conforming Rental Contracts on Behalf
of the Town of Markham" be received;
And that the Commissioner of Community and Fire Services, on the
recommendation of the Director of Recreation and Culture, Facility
Co-ordinators and Managers of cultural venues, be authorized to enter into
rental agreements up to a value of $25,000 net of expenditures on behalf of the
Town of Markham, subject to all Town requirements being adhered to with respect
to policies, by-laws, permits, insurance, etc.
That the Community Services &
Environment Committee minutes dated September 13, 2004 be received.
CARRIED
Moved by Councillor S. Daurio
Seconded by Councillor K. Usman
That Report No. 49 - Finance & Administrative Committee be received and adopted.
September 20, 2004
That the owner of pigeon operations at 14 Griffin Court be exempted from the provisions of By-law 182-96 "A by-law to prohibit the keeping of certain classes of animals and to regulate the keeping of certain other classes of animals in the Town of Markham" subject to the property owner entering into a written agreement with the Town that shall include the following conditions:
1. That permission pertains to the current owner only.
2. Pigeons are to be housed solely on the subject property.
3. A maximum of 40 pigeons be permitted on the property.
4. All structures used to house the pigeons must meet zoning lot line set-backs,
building and property standards regulations.
5. Receipt of a written commitment that flights of the pigeons be restricted to
twice daily between the hours of
6. Continued membership in the Brampton & Peel County Poultry, Pigeon & Pet
Stock Association.
7. All pigeons must be banded with identifying leg bands issued by a club or
organization.
(By-law 2004-271)
That Council approve in principle the concept of integrating the East Community Centre within the emerging Markham Stouffville Hospital site campus;
And that staff prepare a facility concept plan for Council consideration;
And that Council endorse the Memorandum of Understanding between the Markham Stouffville Hospital and the Town of Markham);
And that staff enters into formal discussions and negotiations with the Markham Stouffville Hospital to develop in more detail the partnership agreement between the Town of Markham and the Markham Stouffville Hospital related to the development and the operation of the East Community Centre;
And that staff works in cooperation with the Markham Stouffville Hospital and the Grace Hospital of York Region to prepare a report that identifies a concept plan for facility amenities and additional details on the partnership for Council consideration;
And that the Town participate in the site master plan process with the Markham-Stouffville Hospital and the Grace Hospital of York Region to an upset limit of $74,000 to be funded from the Development Charge account (90%) and the General Capital Reserve (10%) in 2005.
That the staff report entitled "Greenhouse Construction", dated September 20, 2004, be received;
And that staff be authorized to proceed with the Greenhouse Construction project in the fall of 2004;
And that funding for this project, to an upset limit of $70,000, be provided for from closed capital projects, to be identified in the 2004 update on the status of capital projects.
That the staff report entitled "Markham Environmental Sustainability Fund Replenishment", dated September 20, 2004 be received;
And that Council approve the $32,700 of projects evaluated and recommended by the Environmental Issues Committee, outlined in the Financial Considerations section of this report, to be funded from the Markham Environmental Sustainability Fund (MESF), Account #872800168;
And that the replenishment for the fund, to be base level of $300,000, be considered in the 2005 Capital Budget process, as approved by Council on April 13, 2004;
And that Members of Council be invited to attend the Official Launch of the Markham Environmental Sustainability Fund and cheque presentations to successful applicants on Saturday, October 2, 2004 at noon at the Civic Centre;
And further that staff proceed with advertising the Markham Environmental Sustainability Fund and soliciting applications for the 2005 season.
That the report entitled "Petition for MTO Subsidy for the 2004 Connecting Link Program" be received;
And that the Operations and Asset Management Department be authorized to petition for the statutory subsidy pursuant to The Public Transportation and Highway Improvement Act on expenditures for 2004 Connecting Link Construction Projects to facilitate the 16th Avenue/Markham Road Intersection Improvements;
And that Council approve the Connecting Link Construction By-Law to authorize the execution of a proposal and estimated costs for the construction of a connecting link designated by the Minister of Transportation.
(By-law 2004-272)
That the contract for George Pingle House Restoration and Addition be awarded to Bondfield Construction Company Limited in the total amount of $593,850 inclusive of 7% GST ($555,000.00 exclusive of GST);
And that funding be provided from the Angus Glen Community Centre and Library Budget - Heritage Building - Account No. 063-5350-4906-005 in the amount of $296,800.00 and 2004 Capital Accounts for the George Pingle House Restoration and Addition Account No. 056-5350-6303-005 in the amount of $258,200.00;
And that a contingency of $32,100 inclusive of 7% GST ($30,000 exclusive of GST) be established and that cost overruns up to the contingency amount be charged to the overall construction contingency account for the Angus Glen Community Centre and Library.
That the Finance &
Administrative Committee minutes dated September 20, 2004 be received.
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That Report No. 50 - Development Services Committee be received and
adopted.
September 21, 2004
That the staff presentation regarding name options for the Unionville Burndennet Creek be received;
And that the name "Eckardt Creek" be endorsed.
That Development Services Committee receive the updated street name reserve list for the third quarter of 2004, attached as Appendix ‘A’ to the September 21, 2004 staff report, and that the name "Albert Lewis" be added to the list.
That the Record of the Public
Meeting held on October 2, 2001 regarding applications submitted by the Al
Hussain Foundation at 10992 Kennedy Road to Amend the Official Plan, Zoning
By-law, and Minister’s Zoning Order (Airport), to permit the conversion of the
existing funeral chapel to a place of worship and the construction a 183.5 m2
addition, be received;
And that Council endorse the
proposed draft Official Plan and Zoning By-law Amendments, to permit the conversion
of the existing funeral chapel to a place of worship and construction of a
183.5 m2 addition;
And that the applicant’s
exemption request from Bill 27 be endorsed by Council and referred to the
Ministry of Municipal Affairs and Housing;
And that the draft Official
Plan and the Zoning By-law Amendments be presented to Council for adoption,
once the Ministry of Municipal Affairs has granted an exemption from Bill 27,
permitting the conversion of the funeral chapel to a place of worship and the
construction of the 183.5 m2 addition;
And further that staff
prepare a further report to Development Services regarding the proposed site
plan application to permit the 183.5 m2 addition.
That the Engineering Department report entitled “Pomona Mills Creek (Don River) Implementation Plan” be received;
And that the
Terms of Reference for a Task Force for the Pomona Mills Creek (
And that Regional Councillor B. O'Donnell and Councillor S. Daurio be
appointed to the Task Force;
And that the Director of Engineering be authorized to retain a consulting engineer to assist in the project management of the proposed implementation plan to an upset limit of $25,000;
And that such costs be funded from Account # 083 5350 4726 005;
And that staff report back to Committee with updates as the work of the Task Force progresses;
And that the TRCA and Don Watershed Council be advised accordingly.
That the deputation by Jim Kirk of Malone Given Parsons, representing the
applicant, Unionville Montessori School (1038715 Ontario Limited) for the
proposed Official Plan and Zoning By-law Amendments and Site Plan Approval,
Files OP 03 119515, ZA 03 119513 and SC 03 119516, for 9302 Kennedy Road, be
received;
And that the report from the Development Services Commission dated June
28, 2004 entitled "Unionville Montessori School (1038715 Ontario Limited),
Application for Official Plan Amendment, Zoning By-law and Site Plan Approval
to Permit the Construction of a 1,166 m2 Building for the Unionville
Montessori School, 9302 Kennedy Road", be received;
And that the Record of the Public Meeting held on September 21, 2004 with
respect to the proposed amendments to By-laws 304-87 and 177-96, as amended, be
received;
And that the applications by Unionville Montessori School (1038715 Ontario Limited) to amend the Official Plan and By-laws 304-87 and 177-96, as amended, be approved;
And that the proposed Official Plan Amendment and amendments to By-laws 304-87 and 177-96, as amended, be enacted without further notice.
That the Record of the Public Meeting held on September 21, 2004 with respect
to the proposed by-law amendments be received;
And that the report dated
And that the Committee endorse the guidelines in the June 28, 2004 staff
report regarding lifestyle and site identification signage in concert with an
enhanced hoarding programme;
And that staff be directed to finalize amendments to the Sign By-law No.
2002-94, to incorporate additional lifestyle and site identification signage;
And that staff be directed to draft a Hoarding Agreement for execution by
developers who wish to participate in the enhanced hoarding / sign programme.
That the Development Services
Committee minutes dated September 21, 2004 be received.
CARRIED
Council consented to add Motions (1).
Moved by Regional Councillor J. Heath
Seconded by Councillor K. Usman
That the top of the salary grid for the position of Chief
Administrative Officer be increased to $190,000.00 effective January 1, 2004.
CARRIED
(2/3rd vote to consider was
required and obtained)
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That Council receive and consent to the disposition of communications in the following manner:
CARRIED
Council consented to add the proclamation for Rouge Park Week.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That the following be proclaimed in the Town of Markham:
- German Pioneers Day - October 12, 2004
- Waste Reduction Week in Canada, 2004 - October 18 to 24, 2004
- Child Care Worker & Early Childhood Educator Appreciation Day - October 27, 2004
- Rouge Park Week - October 4 to 9, 2004;
And that the
Corporate Communication Department be requested to publish the proclamation of
the "German Pioneers Day" on the Town Page of the Markham Economist
and Sun on
CARRIED
Council consented to add By-laws 2004-279 to 2004-282.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That By-laws 2004-271 to 2004-282 be given three readings and enacted.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the meeting do adjourn.
CARRIED
Council adjourned at 7:45 p.m.
___________________________________ ___________________________
SHEILA BIRRELL, TOWN CLERK DON COUSENS, MAYOR
(Signed)