General Committee
June 9, 2014
Meeting
Number 14
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
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Andy
Taylor, Chief Administrative Officer
Jim
Baird, Commissioner of Development Services
Trinela
Cane, Commissioner of Corporate Services
Brenda
Librecz, Commissioner of Community & Fire Services
Catherine
Conrad, City Solicitor
Joel
Lustig, Treasurer
Paul Ingham, Director of Operations
Mark Visser, Senior
Manager, Financial Strategies & Investments
Catherine Biss, Chief Executive Officer, Markham Public Libraries
Gord Miokovic, Manager, System Engineering
Alida
Tari, Council/Committee Coordinator
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The General Committee meeting convened at the hour of 9:04 AM with Mayor
Frank Scarpitti in the Chair and Councillor Alex Chiu Chaired Community
Services related items.
General Committee recessed at 11:56 AM and reconvened at 1:06 PM.
Disclosure of
Interest
None disclosed.
1. MARKHAM ARTS COUNCIL (5.0)
Presentation
Jane
Milrose, Chair of the Markham Arts Council delivered a PowerPoint presentation outlining
what the Markham Arts Council is all about and requested financial support from
the City of Markham. Susan Petterser and Jessica Zhu provided some information
regarding the Markham Arts Council.
Jeanne
Kerr-Hornell addressed the Committee regarding the Markham Arts Council and
spoke in support of Markham Arts Council.
The
Committee noted that the City of Markham currently funds many art programs such
as the Flato Markham Theatre, Markham Museum, Varley Art Gallery, etc.
The
Committee discussed the following relative to the Markham Art Council:
·
The
need for a strategic plan with priorities
·
Consider
formalizing an arrangement between the City of Markham and Markham Arts Council
·
The
need for a more detailed business plan that will assist the Markham Arts
Council to become self sustained
·
What
funding resources (if any) does the City have to offer
·
What
level of support does the City provide to the Markham Arts Council with events
such as the International Festival of Authors and other in kind support
·
What
is the current relationship between the City of Markham and the Markham Arts
Council
·
What
would the monies be used for in 2014 - need detailed budget and priorities
·
Funding
from other levels of government (such as York Region and the Province)
The
Committee suggested that staff report back in September 2014 relative to the
request for financial support in the amount of $70,000 and that some Members of
Council meet with a few representatives of the Markham Art Council to discuss
what can be done in the interim and report back at the June 24, 2014 Council
meeting.
Diane
Hallquist, Markham resident addressed the Committee regarding the Markham Arts
Council and provided some information relative to strategic planning. She thanked Council for all their support to
date.
Sheniz
Janmohamed, Markham resident addressed the Committee with respect to the
Markham Arts Council advising that she was the former Arts Administrator and
spoke in support of the financial request from the City of Markham for the
Markham Arts Council.
Moved by Councillor Carolina Moretti
Seconded by Regional Councillor Joe
Li
1) That the presentation provided by Jane
Milrose, Chair of the Markham Arts Council, be received; and,
2) That
staff be directed to report back in September 2014 regarding the request from
the Markham Arts Council for financial support of $70,000; and,
3) That
the staff report include the following:
·
the relationship between the City of
Markham and the Markham Arts Council;
·
comparison of funding for art
programs between the City of Markham and other municipalities;
·
available funding sources;
·
what measures can be taken to assist
in making the Markham Arts Council sustainable; and,
4) That
Deputy Mayor Jack Heath, Regional Councillor Gord Landon, Regional Councillor
Jim Jones, Regional Councillor Joe Li, Councillor Howard Shore and Councillor
Alan Ho meet with the City Treasurer, Director of Culture and three representatives
from the Markham Arts Council to discuss what measures can be taken in the
interim and report back at the June 24, 2014 Council meeting; and further,
5) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
2. BACKFLOW
PREVENTION
PROGRAM STATUS UPDATE (5.0)
Presentation
Gord Miokovic,
Manager, System Engineering delivered a PowerPoint presentation providing an
update with respect to Markham's backflow prevention program.
There was brief
discussion between phase I and phase II of the 8 year program.
Moved by Deputy
Mayor Jack Heath
Seconded by
Regional Councillor Jim Jones
1) That
the presentation provided by Gord Miokovic, Manager, System Engineering, entitled “Markham’s Backflow
Prevention Program 2014 Status Update” be received.
Carried
3. MINUTES
OF THE MAY 26, 2014
GENERAL COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
the minutes of the May 26, 2014 General Committee meeting be confirmed.
Carried
4. MINUTES
OF THE APRIL 14, 2014
VARLEY-MCKAY ART FOUNDATION
OF MARKHAM (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
the minutes of the April 14, 2014 Varley-McKay Art Foundation of Markham meeting
be received for information purposes.
Carried
5. MINUTES
OF THE APRIL 29, 2014
MARKHAM PUBLIC LIBRARY BOARD (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
the minutes of the April 29, 2014 Markham Public Library Board meeting be
received for information purposes.
Carried
6. MINUTES
OF THE APRIL 16, 2014
ADVISORY COMMITTEE ON ACCESSIBILITY (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
the minutes of the April 16, 2014 Advisory Committee on Accessibility meeting be
received for information purposes.
Carried
7. MINUTES
OF THE MAY 1, 2014
RBC MARKHAM MILLIKEN MILLS
CHILDREN’S FESTIVAL COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
the minutes of the May 1, 2014 RBC Markham Milliken Mills Children’s Festival
Committee meeting be received for information purposes.
Carried
8. MINUTES
OF THE APRIL 7, 2014
RACE RELATIONS COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
the minutes of the April 7, 2014 Race Relations Committee meeting be received
for information purposes.
Carried
9. MINUTES
OF THE FEBRUARY 12, 2014
PUBLIC ART ADVISORY COMMITTEE (16.0)
Minutes
Moved by Regional Councillor Jim Jones
Seconded by Regional Councillor Gord Landon
1) That
the minutes of the February 12, 2014 Public Art Advisory Committee meeting be
received for information purposes.
Carried
10. MINUTES
OF THE APRIL 24, 2014
SENIORS HALL OF FAME
AWARDS COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
the minutes of the April 24, 2014 Seniors Hall of Fame Awards Committee meeting
be received for information purposes.
Carried
11. MINUTES
OF THE APRIL 16, 2014
ANIMAL CARE COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
the minutes of the April 16, 2014 Animal Care Committee meeting be received for
information purposes.
Carried
12. MINUTES OF THE APRIL 14, 2014
MARKHAM CANADA DAY COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by Regional Councillor Gord Landon
1) That
the minutes of the April 14, 2014 Markham Canada Day Committee be received for
information purposes.
Carried
13. MINUTES OF THE APRIL 2, AND
MAY 7, 2014 FRIENDS OF THE
MARKHAM MUSEUM BOARD (16.0)
Apr.
2 May
7
Moved by
Regional Councillor Jim Jones
Seconded by Regional Councillor Gord Landon
1) That
the minutes of the April 2 and May 7, 2014 Friends of the Markham Museum Board
meetings be received for information purposes.
Carried
14. MINUTES OF THE APRIL 14, 2014
FRIENDS OF THE MARKHAM MUSEUM BOARD
ANNUAL GENERAL MEETING (16.0)
Minutes
Moved by
Regional Councillor Jim Jones
Seconded by Regional Councillor Gord Landon
1) That
the minutes of the April 14, 2014 Friends of the Markham Museum Board Annual
General Meeting be received for information purposes.
Carried
15. STATUS OF CAPITAL
PROJECTS
AS OF APRIL 30, 2014 (7.5)
Report Attachments
There was brief discussion regarding
the shortfall from the award of tender 079-T-14.
Moved by
Regional Councillor Jim Jones
Seconded by Regional Councillor Gord Landon
1) That the report
entitled “Status of Capital Projects as of April 30, 2014” be received; and,
2) That the amount of
$4,823,179 from the closure of capital projects be transferred to the sources
of funding as listed on Exhibit A; and,
3) That the closure of
projects as outlined in Exhibit B and C be approved; and,
4) That the Non-DC
Capital Contingency Project be topped up, from the Life Cycle Replacement and
Capital Reserve, by $362,143 to the approved amount of $250,000; and,
5) That the Engineering
Capital Contingency Project be topped up, from the City-Wide Hard Development
Charges (DC) Reserve, by $69,078 to the approved amount of $100,000; and,
6) That the Design
Capital Contingency Project be topped up, from the Development Charges (DC)
Reserve, by $74,475 to the approved amount of $100,000; and,
7) That the Waterworks
Capital Contingency Project be topped up, from the Waterworks
Stabilization/Capital Reserve, by $46,666 to the approved amount of $100,000;
and,
8) That the shortfall
of $139,233.06 from the Award of Tender 079-T-14 8100 Warden Data Centre
Retrofit be funded from the appropriate surplus funds being returned from
closed capital projects; and,
9) That the funding for
the following parcels of land be changed to the corresponding reserves; and
further,
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Parcel
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Original Funding
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Recommended Funding
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16 Main Street, Unionville (Pan Am Site)
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General Portfolio Investment Balance
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Land Acquisition Reserve Fund 50.8%
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Development Charges Reserves 44.3%
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Non-DC Growth Reserve Fund 4.9%
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Karachi Drive (former site for South East
Community Centre & Library)
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Development Charges Reserves 90%
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Parks 5% Cash-in-lieu Reserve Fund 76.5%
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Non-DC Growth Reserve Fund 10%
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Land Acquisition Reserve Fund 23.5%
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YMCA Blvd (NW corner of Kennedy Rd and 407)
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Development Charges Reserves 90%
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Land Acquisition Reserve Fund
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Non-DC Growth Reserve Fund 10%
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160 Dudley Ave (former St. Luke's Catholic School
land)
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Parks 5% Cash-in-lieu Reserve Fund
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Land Acquisition Reserve Fund
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10) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
16. ONTARIO ICE STORM
ASSISTANCE PROGRAM –
EXPRESSION OF INTEREST (5.7)
Report Attachments
There was brief discussion regarding the
remaining clean-up of fallen trees in water channels such as streams.
Moved by
Regional Councillor Jim Jones
Seconded by Regional Councillor Gord Landon
1) That the report
dated June 11th, 2014 entitled “Ontario Ice Storm Assistance Program
– Expression of Interest” be received; and,
2) That the City submit
an expression of interest for assistance under the Ontario Ice Storm Assistance
Program with evidence to support ice damage and estimates of ice storm costs by
June 16, 2014; and,
3) That the Treasurer
or his delegate be authorized to submit claims on behalf of the City; and
further,
4) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
17. DEVELOPMENT CHARGE
DEFERRAL REQUEST –
MON SHEONG FOUNDATION (7.11)
Report Attachments
Jeffrey Lem, Miller Thompson, on behalf of the
Mon Sheong Foundation addressed the Committee regarding the request to defer
the development charges and stated some concerns. He is requesting that the development charges
be phased over three years; requesting that the indexing/interest be waived and
that a letter of credit not be required.
The Committee discussed the importance of the
Letter of Credit and that York Region will require one. There was discussion regarding whether
non-profit long-term health care facilities should be exempt from indexing.
Staff noted that the proposed recommendation is in accordance to the Council
approved policy. The Committee suggested
that this item be referred directly to the June 11, 2014 Council meeting. The Committee requested that staff provide
the dollar amount of the interest.
Chairan Tim Kwan, Mon Sheong Foundation - Chair
addressed the Committee to respond to a question raised regarding the
anticipated percentage of residents that will be from Markham. He advised that currently there is a waiting
list with over 3,000 Markham residents looking for a senior care facility.
Moved by Deputy Mayor Jack Heath
Seconded by Regional Councillor Joe Li
That the following
recommendation be referred directly to the June 11, 2014 Council meeting:
1) That the report
titled “Development Charge Deferral Request – Mon Sheong Foundation” be
received; and,
2) That the Development
Charge Deferral request in respect of the construction of a Seniors Care
Facility at 1 and 2 Sun Yat-Sen Avenue by the Mon Sheong Foundation not be
approved; and,
3) That, should Council
approve the Development Charge Deferral request, the Mayor and Clerk be
authorized and directed to enter into an agreement with the applicant to secure
the following terms of approval:
(a) Phased
payment with a defined timeline of not more than three years for full payment
of the development charges.
(b) Payment
of 25% of the total City development charges due for 1 and 2 Sun Yat-Sen Avenue
on the issuance of the building permit for the above grade/structural works,
with payment of the remaining 75% in three equal annual installments commencing
twelve months after issuance of the above grade/structural building permit.
(c) Refund
of 75% of the Area Specific and City Wide Hard development charges paid at the
issuance of the below grade building permit which amounts to $417,529 (75% of
the $556,705 paid).
(d) The
development charges be calculated and paid at the higher of (1) the rate that
is in effect at the time of payment, (2) the indexed rate from the date of
building permit issuance, (3) the rate in effect at building permit issuance
plus accrued interest at the Bank of Canada Prime Business Rate or (4) the rate
in effect at building permit issuance plus the average cost of borrowing
through the Region of York, if applicable.
(e) Provision
of security in a form satisfactory to the Treasurer to secure the outstanding
development charges obligation, in the amount of 110% of outstanding
development charges (based on a 3 year term) to protect against any increase in
the rates; and further,
4) That staff be
directed to do all things necessary to give effect to these recommendations.
Carried
18. AWARD OF TENDER 079-T-14
8100 WARDEN DATA CENTRE RETROFIT (7.12)
Report
Moved by
Regional Councillor Jim Jones
Seconded by Regional Councillor Gord Landon
1) That the report
entitled “Award of Tender 079-T-14 8100 Warden Data Centre Retrofit” be
received; and,
2) That the contract
for the 8100 Warden Data Centre Retrofit be awarded to the lowest priced
bidder, Climatemp Systems (2009) Ltd., in the amount of $580,192.78 inclusive of HST impact; and,
3) That
a contingency in the amount of $58,019.28 (10%), inclusive of HST impact be
established to cover any additional construction costs and that the Director of
Asset Management be authorized to approve expenditures of this contingency
amount up to the specified limit in accordance with the Expenditure Control
Policy; and,
4) That the award be
funded from the ITS Capital Account 049-6900-14083-005 “IT Disaster Recovery
(Business Continuity)”; and,
5) That the funding
shortfall in the amount of $139,233.06 be funded from the appropriate surplus
funds being returned from closed capital projects as identified in the report
titled “Status of Capital Projects as of April 30th, 2014”; and
further,
6) That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
19. AWARD OF CONTRACT 285-R-13,
MARKHAM PUBLIC LIBRARY MATERIAL AND
PROCESSING SERVICES (7.12)
Report
Brenda
Librecz, Commissioner of Community & Fire Services delivered a brief
PowerPoint presentation regarding the City of Markham's policies related to
Capital project procurement policy and the difference in policies at the
Markham Public Library. It was noted
that over the summer the Commissioner of Community & Fire Services and the
Chief Executive Officer, Markham Public Library will be preparing a document
that will outline roles and expectations between the City of Markham and MPL in
order to avoid misalignments in the future between policy differences and the
two organizations in order to have clarity with respect to roles and
expectations on all areas of interaction.
There was discussion
regarding the budget process and the Library Act.
Moved by
Councillor Alan Ho
Seconded by
Councillor Howard Shore
1) That the report entitled “Award of Contract
285-R-13 Markham Public Library Material & Processing Services” be
received; and,
2) That contract
285-R-13 include the Annual Library collection and Opening Day collection for South
East Branch scheduled to open in Q4 2015; and,
3) That contract
285-R-13 be awarded to the highest ranked and lowest priced bidder Library
Services Centre (“LSC”) for English and French materials in the total amount of
$6,343,475.62 inclusive of HST for a period of four (4) years, seven months for
the following:
Section A: Annual Collection for the seven (7) current branches
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English & French materials
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2014 June – December $ 749,164.71
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2015 January – December $1,130,133.33
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2016 January – December $1,130,133.33
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2017 January – December $1,152,736.00
o
2018 January – December $1,175,790.72
Section B: Opening Day Collection for
South East Branch Q4 2015
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English & French materials $1,005,517.53; and,
4) That contract
285-R-13 be awarded to the highest ranked and second lowest priced bidder
Library Services Centre (“LSC”) for multilingual materials (Asian and European
language materials) in the amount of $1,556,226.92 inclusive of HST for a
period of four (4) years, seven months for the following:
Section A: Annual Collection for the seven (7) current branches
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Multilingual materials – Asian
and European language materials
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2014 June – December $185,674.41
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2015 January – December $280,094.40
o
2016 January – December $280,094.40
o
2017 January – December $285,696.29
o
2018 January – December $291,410.22
Section B: Opening Day Collection for
South East Branch Q4 2015
Ø
Multilingual materials – Asian
and European language materials $233,257.20; and,
5) That contract
285-R-13 be awarded to the highest ranked and lowest priced bidder Chinese
Publications for Canadian Libraries Ltd. (“CPCL”) for Chinese only multilingual
materials in the amount of $1,792,628.43 for a period of four (4) years, seven
months for the following:
Section A: Annual Collection for the
seven (7) current branches
Ø
Multilingual materials –
Chinese only
o
2014 June – December $218,212.46
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2015 January – December $329,178.84
o
2016 January – December $329,178.84
o
2017 January – December $332,470.63
o
2018 January – December $335,795.34
Section B: Opening Day Collection for
South East Branch Q4 2015
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Multilingual materials –
Chinese only $247,792.32; and,
6) That the award for
the seven (7) current branches from June – December 2014 in the amount of $1,153,051.58
($749,164.71 + $185,674.41 + $218,212.46) inclusive of HST be funded from
account # 076-5350-14172-005 - Library Collections as detailed in the Financial
Considerations; and,
7) That the award for the
seven (7) current branches from year 2015 – 2018 (January –December) be funded
from the respective years’ capital budget accounts, subject to Council approval of the annual capital budgets; and,
8) That the Library
Board be permitted on a one-time basis
only to expend the remaining balance of $192,490.42 in the 2014 Library
Capital Budget account #076-5350-14172-005 “Library Collections” on additional
French and multilingual materials to meet annual Library collection requirements;
and,
9) That the award for
the Southeast Branch Opening day collection in the amount of $1,486,567.05 ($1,005,517.53
+ $233,257.20 + $247,792.32) inclusive of HST be funded from account
#070-5350-13892-005 - SECC&L - Library Collection as detailed in the
Financial Considerations; and,
10) That the remaining
balance in the amount of $833,932.95 be returned to original funding source
from the Opening Day Library Collections – South East, Account
#070-5350-13892-005 - SECC&L - Library Collection; and,
11) That the Director of
Administration for the Markham Public Library, have the authority to re-allocate
contract amounts to the Library collection accounts (listed in financial
considerations section) within the budget limit of each account to adapt to
publishing trends, change in material formats and community needs; and,
12) That Staff be
authorized to amend the purchase order amounts in years 2015 – 2018 to reflect potential changes to
the Markham Public Library operating budget accounts as approved by Council
during the annual budgeting process; and further,
13) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
20. NEW BUILDING CANADA PLAN -
INFRASTRUCTURE FUND APPLICATION (5.0)
Report Attachments
Moved by
Regional Councillor Jim Jones
Seconded by Regional Councillor Gord
Landon
1) That
the report “New Building Canada Plan - Infrastructure Fund Application” be
received; and,
2) That
staff be authorized to apply for infrastructure funding for Markham’s flood
control program to the Ministry of Infrastructure as soon as applications are
formally accepted; and,
3) That
a copy of this staff report and Council’s approval, be forwarded to the
Ministry of Infrastructure, signaling that Markham’s Flood Control Program is a
priority and that Markham intends to apply for funding for it under the New
Building Canada Plan – Infrastructure Fund; and,
4) That
staff report back on how to allocate the funds if a favourable response is
received from the Ministry of Infrastructure; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
21. BACKFLOW PREVENTION
PROGRAM STATUS UPDATE (5.0)
Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Jim Jones
1) That the report
entitled “Backflow Prevention Program Status Update” be received; and,
2) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
22. BRAMPTON HOUSING COMPLEX
DEADLY FIRE (5.0)
Councillor Don Hamilton advised the Committee
of the recent fire in a Brampton housing complex. He enquired about the City of Markham's
building code. Staff noted that under today's
building code town-homes are required to have fire separation every so many
units to avoid this very thing from occurring.
It was also noted that this is an existing building that falls under
previous legislation that dates back several decades.
Moved by Councillor Colin Campbell
Seconded by Councillor Alan Ho
That, in accordance with Section 239 (2) of the Municipal Act, General Committee resolve into an
in-camera session to discuss the following confidential matters (1:50 PM):
(1) GENERAL COMMITTEE IN-CAMERA MINUTES -
MAY 5, 2014 (16.0)
[Section 239 (2) (b) (b) (d) (b) (c)
(c) (f), (a) (c) (f), (b) (a)]
(2) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL, INCLUDING MUNICIPAL
OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE APPOINTMENTS
AND RESIGNATIONS) (16.24)
[Section 239 (2) (b)]
(3) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY
OR LOCAL BOARD (WARD 4) (7.0 & 16.11)
[Section 239 (2) (c)]
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES AND ADVICE THAT IS
SUBJECT TO SOLICITOR-CLIENT
PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY
FOR THAT PURPOSE (MEMBER OF A BOARD/COMMITTEE) (3.0)
[Section 239 (2) (b) (f)]
Carried
Moved by Councillor Alan Ho
Seconded by Councillor Valerie Burke
That the General Committee rise from the in-camera session 3:07 PM.
Carried
Adjournment
Moved by Councillor Alex Chiu
Seconded by Councillor Colin
Campbell
That the General Committee meeting adjourn at 3:08 PM.
Carried