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M I N U T E S

GENERAL COMMITTEE

December 13, 2010
Meeting No. 1

 

Finance & Administrative Issues                                                Community Services Issues

Chair:              Mayor Frank Scarpitti                                                                            Chair:              Councillor Alex Chiu

Vice Chair:      Councillor Carolina Moretti                                                                   Vice Chair:      Councillor Howard Shore

 

Environment & Sustainability Issues                                          Building, Parks, & Construction Issues

Chair:              Councillor Valerie Burke                                                                         Chair:              Councillor Logan Kanapathi

Vice Chair:      Regional Councillor Joe Li                                                                      Vice Chair:      Councillor Colin Campbell

 

                                                Alternate formats are available upon request.

 

Attendance

 

Deputy Mayor Jack Heath

Regional Councillor Jim Jones

Regional Councillor Gord Landon

Regional Councillor Joe Li

Councillor Valerie Burke

Councillor Howard Shore

Councillor Don Hamilton

Councillor Colin Campbell

Councillor Alan Ho

Councillor Logan Kanapathi

Councillor Alex Chiu

 

Regrets

 

Mayor Frank Scarpitti

Councillor Carolina Moretti

 

John Livey, Chief Administrative Officer

Catherine Conrad, Town Solicitor

Jim Baird, Commissioner of Development Services

Brenda Librecz, Commissioner of Community & Fire Services

Andy Taylor, Commissioner of Corporate Services

Jerry Klaus, General Manager, Waterworks

Alan Laver, Manager, Utilities and Contracts

Joel Lustig, Treasurer

Alex Moore, Manager of Purchasing

Sugun Rao, Manager, Technology

Glen Taylor, Manager, Community Centre Operations

Mark Visser, Manager of Strategy, Innovation &          Investments

Kitty Bavington, Council/Committee Coordinator

 

 

 

The General Committee convened at the hour of 1:05 p.m. with Councillor Alex Chiu in the Chair for Finance and Administrative, and Community Services related items.

 

DISCLOSURE OF INTEREST

 

Deputy Mayor Jack Heath disclosed an interest with respect to Restricted In-camera items related to Labour Relations, and did not take part in the discussion of or vote on the question of the approval of such matters.

 

Councillor Colin Campbell disclosed an interest with respect to Restricted In-camera items related to Labour Relations, and did not take part in the discussion of or vote on the question of the approval of such matters.

 

 

1.         MINUTES OF NOVEMBER 22, 2010       
GENERAL COMMITTEE (16.0)

            Minutes

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)                  That the Minutes of the November 22, 2010 General Committee be confirmed.

 

CARRIED

 

 

2.         MINUTES OF THE NOVEMBER 3, 2010                                                                      
            THE FRIENDS OF THE MARKHAM MUSEUM
            FOUNDATION BOARD (16.0)

            Minutes

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)         That the Minutes of the November 3, 2010 The Friends of the Markham Museum Foundation Board be received for information purposes.

CARRIED

 

 

3.         MINUTES OF THE NOVEMBER 1, 2010                                                                      
            VARLEY MCKAY ART FOUNDATION OF MARKHAM (16.0)

            Minutes

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)         That the Minutes of the November 1, 2010 Varley McKay Art Foundation of Markham be received for information purposes.

CARRIED

 

 

4.         ADVISORY BOARD AND COMMITTEE                                                                     
            RESIGNATION (16.24)

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

Animal Care Committee

1)         That the resignation of Ms. Tara Sermer from the Animal Care Committee be received with regret and a letter of appreciation be forwarded.

CARRIED

 

 

5.         029-T-07 CONTRACT EXTENSION FOR                                                                      
ROUTINE & EMERGENCY SEWER AND
WATERMAIN REPAIRS (7.12.1)

            Report

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)                  That the report entitled “029-T-07 Contract Extension for Routine & Emergency Sewer

and Watermain Repairs” be received; and,

 

2)                  That contract 029-T-07 for Routine & Emergency Sewer and Watermain Repairs be

extended to Finch Paving (1993) Inc. for an additional one (1) year (January 1, 2011 to December 31, 2011) at the same 2010 itemized pricing in the estimated contractual value totalling $860,714.00 inclusive of HST; and,

 

3)                  That the tendering process be waived in accordance with Purchasing By-Law 2004-341,

Part II, Section 7 (1) (c) which states “when the extension of an existing contract would prove more cost-effective or beneficial”; and,

 

4)                  That various 2011 operating budget accounts allocated for these contracted services be

the same as the 2010 budget amount and as listed in Table 1 under Financial Considerations in the amount of $860,714.00 inclusive of HST; and,

 

5)                  That the 2011 budget allocated for these contracted services is the same as the 2010

budget amount; and,

 

6)                  That the remaining balance be applied to other waterworks projects; and further,

 

7)                  That Staff be authorized and directed to do all things necessary to give effect to this

resolution.

CARRIED

 

 

6.         BY-LAW TO AUTHORIZE TEMPORARY                                                                     
BORROWING FOR 2011 (7.0)

            Report

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)         That the report “By-law to authorize Temporary Borrowing for 2011” be received; and,

 

2)         That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of an amount not to exceed $115,573,134 from January 1, 2011 to September 30, 2011 and $57,786,567 from October 1, 2011 to December 31, 2011 to meet the current expenditures of the municipality until taxes are collected and other revenues are received; and,

 

3)         That the Treasurer will report back to Council in advance of borrowing, if temporary borrowing is required; and further,

 

4)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

7.         INTERIM SPENDING AUTHORITY                                                                              
PENDING APPROVAL OF 2011 BUDGET (7.0)

            Report

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)         That the report “Interim Spending Authority Pending Approval of 2011 Budget”, be received; and,

 

2)         That Council approve 50% of the 2010 Operating Budget equal to $115,573,134 as a pre-budget approval for 2011 operating expenditures; and further,

 

3)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

8.         2011 INTERIM TAX LEVY AND BYLAW (7.3)                                                             

            Report

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)         That Council authorize an interim tax levy for 2011; and,

 

2)         That the attached by-law be passed to authorize the 2011 interim tax levy; and further,

 

3)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 


 

9.         DEVELOPMENT CHARGES INDEXING –        
            JANUARY 1, 2011 (7.11)

            Report

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)         That the report titled “Development Charges Indexing – January 1, 2011” be received; and,

 

2)                  That Council approve an increase in development charges of 1.20%, effective January 1, 2011; and further,

 

3)         That staff be directed to do all things necessary to give effect to this report.

CARRIED

 

 

10.       AWARD OF CONTRACT # 238-S-10                                                                              
LABORATORY SAMPLING ANALYSIS (7.12.1)

            Report

 

Staff responded to questions regarding ownership of the York-Durham Regional Environmental Laboratory.

 

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Gord Landon

 

1)                  That the report entitled “Award of Contract #238-S-10 Laboratory Sampling Analysis” be received’; and,

 

2)                  That the contract for # 238-S-10 Laboratory Sampling Analysis be awarded to York-Durham Regional Environmental Laboratory in the estimated contract value of $535,752.00 inclusive of HST for a period of 3 years at the same firm fixed prices per the original contract; and,

 

3)                  That the tender process be waived in accordance with Purchasing Bylaw 2004-341, Part 11, Section 7(1) h which states “where it is necessary or in the best interest of the Town to acquire non-standard items or Professional Services from a preferred supplier”; and,

 

4)                  That funds for this contract for the 2011 period be drawn from the 2011 Operating Budget Accounts as listed under financial considerations in the estimated amount of $178,584.00 inclusive of HST, subject to approval of the 2011 operating budget; and,


 

5)                  That the 2012 – 2013 estimated amounts be provided within the respective years budget submission for the Waterworks Department; and further,

 

·        2012                $178,584.00

·        2013                $178,584.00

 

6)                  That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

11.       CONTRACT EXTENSION FOR WATER                                                                       
METER READING & BILLING SERVICE
AND CASHIERING SERVICES (7.12)

            Report

 

The Committee expressed concern for a recommended automatic extension of the contract in two years instead of coming back to Council for approval, and agreed to delete a clause pertaining to this issue. Discussions included the practices of other municipalities, and whether a five-year term should be considered.

 

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Jim Jones

 

1)         That the report entitled “Contract Extensions for Water Meter Reading & Billing Service

and Cashiering Services” be received; and,

 

2)         That the contract for Water Meter Reading & Billing Services be extended for an additional three (3) years (January 1, 2011 to December 31, 2013) with PowerStream in the amount of $1,136,862 for 2011, with 3% annual escalation for years 2012 and 2013; and,

 

3)         That the 2011 operating budget for Water Meter Reading & Billing Services be decreased from $1,426,190 to $1,136,862 to take into account the negotiated decrease; and,

 

4)         That subject to Council approval of the Town’s 2011 Operating Budget, funds be provided from account #760-998-5390 Water Billing/Administration; and,

 

5)         That the contract for the Hydro Cashiering Services reimbursement to the Town be extended for an additional three (3) years (January 1, 2011 to December 31, 2013) with PowerStream in the amount of $86,920 for 2011, with 3% annual escalation for years 2012 and 2013; and,

 

6)         That the 2011 operating budget for the Hydro Cashiering Services reimbursement be increased from $84,388 to $86,920 to take into account the negotiated increase; and,

 

7)         That subject to Council approval of the Town’s 2011 Operating Budget, the Hydro Cashiering Services reimbursement be allocated to accounts #890-890-8399 and #410-440-3621; and,

 

8)         That the tender process be waived in accordance with Purchasing By-Law 2004-341 Part II, Section 7(1) C which states ”when the extension of an existing contract would prove more cost effective or beneficial”; and,

 

9)         That the Mayor and Town Clerk be authorized to execute the extension of the agreement with PowerStream in a form satisfactory to the Town Solicitor; and,

 

10)       That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

12.       PROPOSED LICENCE FEE                                                                                              
BY-LAW AMENDMENTS (2.0)
Report     Attachment A     Attachment B

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)                  That the Report entitled “Licence Fee By-law Amendment” be received; and,

 

2)                  That the 2011 Operating Budget for Miscellaneous License Fees (Account 310-323-8504) for the By-law Enforcement and Licensing Division be amended to include the anticipated additional late fee revenue of $10,000; and,

 

3)                  That future annual licence fee increases be based on a change in the Consumer Price Index  in April of each year with such increases being effective January 1st and rounded to the nearest dollar; and further,

 

4)                  That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 


 

13.       THORNHILL C.C. & LIBRARY (TCC&L)                                                                     
ASBESTOS ABATEMENT AND REINSTATEMENT (7.12.3)

            Report     Attachment 1     Attachment 2

 

Moved by Regional Councillor Gord Landon

Seconded by Deputy Mayor Jack Heath

 

1)                  That the report entitled “Thornhill C.C. & Library (TCC&L) Asbestos Abatement and

Reinstatement” be received; and,

 

2)                  That Council approve the reallocation of the uncommitted budget of $539,000 to the Charterhouse Projects Inc. construction contingency purchase order for the purpose of asbestos abatement and the reinstatement of the areas at the TCC&L as outlined in Attachment 2; and,

 

3)                  That additional construction contingency in the amount of $539,000 be funded from 070-5350-10511-005 TCC&L Construction Contingency, and further,

 

4)                  That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

14.       PROVINCIAL OFFENSES ACT COURTS-                                                                    
AMENDED AGREEMENT (2.0)

            Report     Appendix A

 

Staff responded to questions from the Committee regarding “tax room” methodology, a comparison of historical and proposed practices, and the impacts of the proposed amendment to the agreement. Financial details and revenues for the Region of York were also discussed. It was noted that it will be difficult to restate Markham’s tax rate to reflect this change, and staff advised that York Region is working on a communications plan.

 

Moved by Regional Councillor Gord Landon

Seconded by Councillor Colin Campbell

 

1)         That the report “Provincial Offences Act Courts – Amended Agreement” be received; and,

2)         That the Mayor and Clerk be authorized to execute an amended “York Region Courts Inter-municipal Agreement” in a form and content satisfactory to the Chief Administrative Officer; and further,

3)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

15.       PURCHASE OF DESKTOPS, LAPTOPS,                                                                        
TABLETS AND MONITORS THROUGH THE
ONTARIO PROVINCIAL GOVERNMENT –
MINISTRY OF GOVERNMENT SERVICES DESKTOP
MANAGEMENT SERVICES AND PRODUCTS
PURCHASING AGREEMENT (7.12)

            Report

 

The Committee and staff reviewed the bidding process, and the Province’s determination of the successful company. It was confirmed that the process is public and competitive, and that provisions are in place for downward adjustments if the prices are reduced, based on Provincial monitoring.

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Logan Kanapathi

 

1)         That the report entitled “Purchase of desktops, laptops, tablets and monitors through the Ontario Provincial Government – Ministry of Government Services Desktop Management Services and Products Purchasing Agreement” be received; and,

 

2)         That the Ontario Provincial Government – Ministry of Government Services supplier Compugen Inc. be the preferred supplier for the Town of Markham for a period of three (3) years effective January 1, 2011 at the same itemized prices as that of the Province with an option for an additional two (2) year extension for desktop, laptops, tablets and monitors; and,

 

3)         That the Town’s Tender process be waived as the Ontario Provincial Government has undergone their own competitive process and in accordance with Purchasing By-Law 2004-341, Part II, Section 7 Non Competitive Procurement, item 1 (g) which states “Where it’s in the Town’s best interest not to solicit a competitive bid”; and,

 

4)         That the total award of $1,218,505 inclusive of HST impact, be funded from the 2010

approved capital account 49-6150-10076-005 in the amount of $310,000 and the 2011 account funded from account 49-6150-11119-005 Core-Hardware Infrastructure in the amount of $908,505; and,

 

5)         That the 2011 account 49-6150-11119-005 Core-Hardware Infrastructure be pre-approved for the 2011 capital budget in the amount of $908,505 for this award; and,

 

6)         That the Chief Information Officer be authorized to approve any future desktop, laptops, tablets and monitor purchases during the duration of this contract (2011 to 2015) due to growth (new full-time employees and/or new sites) as long as the expenditure is within the approved budget; and,

 

7)         That the Mayor and Town Clerk be authorized to execute a Desktop Management Services and Products Purchasing Agreement with the Ontario Provincial Government – Ministry of Government Services and Compugen Inc. in a form satisfactory to the Town Solicitor; and,

 

8)         That the Mayor and Town Clerk be authorized to execute further Ontario Provincial Government – Ministry of Government Services procurement agreements in relation to ITS requirements such as, cellular phone acquisition/plans, printing and imaging devices/services, server and computer acquisition etc, where it is in the Town’s best interest not to solicit an additional competitive bid where it is within an approved budget and upon receipt of the Chief Administrative Officer’s approval; and,

 

9)         That this report be brought forward to the December 14th, 2010 Council meeting; and further,

 

10)       That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

16.       182-S-10 CONTRACT EXTENSION FOR                                                                      
            STREET LIGHTING MAINTENANCE, REPAIR
            AND RELAMPING PROGRAM (7.12.2)

            Report     Attachment

 

The Committee had a lengthy discussion regarding performance measures and timely repairs to streetlights. Staff advised that they are confident in the company’s performance, and outlined repair request processes. The Committee questioned the service response standards and how they are measuring up. The Commissioner of Community Services will have a process-mapping exercise completed and provide an update to the Committee, including call monitoring information from the Contact Centre.

 

The Committee noted specifically problems with streetlights on the Donald Cousens By-pass, and on 14th Avenue between Birchmount Road and Mcnabb Street. Staff will check on these instances. One problem that has been identified is the lack of pole identification numbers that hamper the repair crews. Also, residents often do not know who to call for repair. A suggestion was made that By-laws and Works Department staff that are working at night could observe and report any lights that need repair. A communications plan should be established to make the public aware of who to call, and to advise that multiple language services are provided through Language Line. The Committee requested further information on the Language Line service.

 

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Gord Landon

 

1)                  That the report entitled “182-S-10 Contract Extension for Street lighting Maintenance, Repair and Relamping Program” be received; and,

 

2)                  That the contract for 2011 Streetlight Maintenance, Repair and Relamping Program be extended to PowerStream for an additional one (1) year (January 1, 2011 to December 31, 2011) at the same 2008 itemized pricing in the estimated contractual amount of  $1,005,230 inclusive of HST; and,

 

3)                  That the 2011 operating budget for Street Light Maintenance, Repair and Relamping be increased from $965,230 to $1,005,230 to take into account the year over year volume increase; and,

 

4)                  That, subject to Council approval of the Town’s 2011 Operating Budget, funds be provided from account #720-720-5497 Street Lighting Maintenance and Repair; and,

 

5)                  That the tender process be waived in accordance with Purchasing By-Law 2004-341 Part II, Section 7(1) C which states ”when the extension of an existing contract would prove more cost effective or beneficial”; and,

 

6)                  That the CAO be authorized to  renew the contract for an additional  three (3) years exercised at one year intervals, subject to performance and based on yearly approval of the Operating budget; and further,

 

7)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

17.       IN-CAMERA MATTERS (8.2, 8.6, 8.5, & 11.0)

 

Moved by Regional Councillor Gord Landon

Seconded by Regional Councillor Jim Jones

 

That, in accordance with Section 239 (2) (b) (c) (d) of the Municipal Act, General Committee resolve into an in-camera session to discuss the following confidential matters:

 

1)         A proposed or pending acquisition or disposition of land.

 

2)         A proposed or pending acquisition or disposition of land.

 

3)         A proposed or pending acquisition or disposition of land.

 

4)         Labour relations. (See Restricted Agenda)

 

5)                  New Business: personal matter about an identifiable individual.

 


 

Moved by Councillor Don Hamilton

Seconded by Councillor Colin Campbell

 

That the Committee rise from the in-camera session (4:05 PM)

CARRIED

 

 

ADJOURNMENT

 

The General Committee meeting adjourned at 4:05 PM.

 

 

 

 

 

 

 

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