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                                                                                                                           M I N U T E S

 

FINANCE & ADMINISTRATIVE COMMITTEE

2002-12-02 - Canada Room

Meeting No. 1

 

Attendance

 

Chair:                  Councillor K. Usman

Vice-Chair,

    Budget            Reg. Councillor F. Scarpitti

Vice-Chair, IT     Councillor S. Daurio

Members:            Reg. Councillor G. Landon

                           Councillor J. Virgilio (12:45pm)

                           Councillor J. Heath

Others:                Reg. Councillor T. Wong

                           Reg. Councillor B. O'Donnell

                           Councillor D. Horchik

                           Councillor G. McKelvey

                           Mayor D. Cousens (1:45 pm)

 

J. Livey, Chief Administrative Officer

J. Mascarin, Acting Town Solicitor

J. Sales, Commissioner of Community & Fire

            Services

A. Taylor, Commissioner of Corporate Services

J. Baird, Acting Commissioner of Development

            Services

S. Birrell, Town Clerk

P. Loukes, Director of Street Services

B. Cribbett, Treasurer

J. Lustig, Manager, Financial Planning

F. Edwards, Manager, Administration

B. Varner, Manager, Real Property

F. Poon, Manager, Systems & Technology

            Support

M. Visser, Senior Investment Financial Analyst

J. Nelson, Financial Analyst

J. Kee, Committee Clerk

 

 

The Finance & Administrative Committee convened at the hour of 2:30 p.m. with Councillor K. Usman in the Chair, and re-convened again at 3:20 p.m. with Regional Councillor F. Scarpitti in the Chair.  Councillor K. Usman assumed the Chair at 3:45 p.m.

 

 

DISCLOSURE OF INTEREST

None declared.

 

 

1.         COMPENSATION REVIEW FOR SENIOR STAFF (11.0)

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

**That the report entitled "Compensation Review for Senior Staff" be received;

 

 

 

 

And that the revised salary structure for senior management (Appendix "A"), being those positions in Grades 14 and 15, be approved and effective the first full pay period in January 2003;

 

And further that the salaries for incumbents in Grades 14 and 15 are affixed appropriately, by the Chief Administrative Officer.

CARRIED

 

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**Clause 1, in its entirety, was withdrawn by Council at its meeting held December 10, 2002.

 

 

 

2.         SALE OF PORTION OF OLD 14TH AVENUE
            PART 1 AND PART 2, PLAN 65R-25093 (8.5)

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Heath

 

That Council receive and accept the Agreement of Purchase and Sale for the property identified as Part 1 on Plan 65R-25093, Markham from Armadale Square Inc. in the amount of $80,000 excluding GST;

 

And that Council receive and accept the Agreement of Purchase and Sale for the property identified as Part 2 on Plan 65R-25093, Markham from Canada Lands Company Limited in the amount of $80,000 excluding GST;

 

And that a by-law be enacted on December 10, 2002 to authorize the Mayor and Clerk to execute a Transfer/Deed of Land to Armadale Square Inc. for the lands identified as Part 1 on Plan 65R-25093, Old 14th Avenue, Markham, in a form satisfactory to the Town Solicitor;

 

And further that a by-law be enacted on December 10, 2002 to authorize the Mayor and Clerk to execute a Transfer/Deed of Land to Canada Lands Company Limited for the lands identified as Part 2 on Plan 65R-25093, Old 14th Avenue, Markham, in a form satisfactory to the Town Solicitor.

CARRIED

 

 

3.         5884 SIXTEENTH AVENUE, LUNAU RESIDENCE
            PART 1, PLAN 65R-24463, MARKHAM (8.5)

 

In response to a query regarding sidewalk installation, staff advised that the matter would be investigated and information would be presented at the next meeting of the Budget Sub-Committee.

 

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

That Council receive and accept the Agreement of Purchase and Sale for the property located at 5884 Sixteenth Avenue, Markham from Jamie and Jessie Mercer in the amount of $175,000;

 

And that 5884 Sixteenth Avenue, Part 1, Plan 65R-24463, Markham, be declared surplus property pursuant to Town of Markham By-law No. 178-96;

 

And that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of December 10, 2002, as required by By-law No. 178-96;

 

And further that a by-law be enacted at the Council meeting on January 14, 2003, authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to Jamie and Jessie Mercer for the lands municipally known as 5884 Sixteenth Avenue, Markham, in a form satisfactory to the Town Solicitor.

CARRIED

 

 

 

4.         MARYDALE AVENUE AND DENISON STREET
            SIGHTLINE IMPROVEMENTS (8.5)

 

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Virgilio

 

That the recommendation to acquire a parcel of land from the owner of 120 Marydale Avenue and the relocation of an existing fence along Denison Street for the purpose of solving the intersection sightline problem be approved;

 

And that the Manager of Real Property be authorized to negotiate the purchase of land with the owner of 120 Marydale Avenue for property required to solve the sightline visibility problem;

 

And that an amount of $17,500 be identified as a budget item for the 2003 Capital Budget to relocate the fence and pillars;

 

And that the Parks Department be requested to investigate and undertake appropriate remedial measures to improve the condition of the trees and boulevard at the southwest corner of Marydale Avenue and Denison Street;

 

 

 

 

 

 

 

 

And that the Mayor or Clerk be authorized to execute all documents in a form satisfactory to the Town Solicitor as may be necessary to give effect to resolving the intersection sight line problem.

CARRIED

 

 

 

5.         COST SHARING OF VIDEO CAMERA ON
            CAPTAIN ROLPH WALKWAY (5.20)

 

Ms. Nancy Bahniuk, Principal, Markham District High School, was in attendance and thanked Committee for its support and its continuing work in the community.

 

Moved by Councillor J. Heath

Seconded by Regional Councillor G. Landon

 

That the Town of Markham pay $5,000 to York Region District School Board towards the supply and purchase of a remote camera to be used by Markham District High School to monitor the walkway between the school and Captain Rolph Blvd.

CARRIED

 

 

 

6.         MUNICIPAL ACT 2001 - NOTICE BY-LAW (13.2.5)

 

Moved by Councillor J. Heath

Seconded by Councillor J. Virgilio

 

That the report entitled "Municipal Act, 2001 - Notice By-law" be received;

 

And that the by-law "A By-law to Prescribe the Form and Manner and Times for the Provision of Reasonable Notice" be approved and enacted effective January 1, 2003;

CARRIED

 

 

 

7.         FEES AND CHARGES (2.0 & 7.0)

 

Committee noted that Schedule B - Ontario Regulation 244/02 had not been attached to the staff report.  Staff advised that copies of the Schedule would be forwarded to all Members of Council without delay.

 

 

 

 

 

 

Moved by Councillor J. Heath

Seconded by Councillor J. Virgilio

 

That a by-law be enacted to establish fees and charges for services provided by the Town;

 

And That By-Law No. 302-96, “A By-Law to Establish a Fee Structure for Live Birth Registrations, Burial Permits and Marriage Licences” be rescinded;

 

And That By-law 37-96, “A by-law to Charge Fees for Administrative Services” be rescinded.

 

And That Schedule “A” of By-Law 2002-181, “A By-Law to Charge Fees for Services Provided by Fire and Emergency Services for Emergency and Non-Emergency Incidents” be deleted;

 

And That Schedule “B” of By-Law 2002-171, “Being a by-law to amend Township of Markham By-law No. 1602 to provide a schedule of fees for water/wastewater for the Town of Markham effective September 1, 2002” be deleted;

 

And That Schedule “A” of By-Law 2002-94, A By-law to prohibit and regulate signs and other advertising devices and the posting of notices on buildings or vacant lots within the Town of Markham and to repeal in their entirety By-laws 121-93, as amended, and By-law 247-94, as amended” be deleted;

 

And That Schedule “A” of By-law 2001-237, “Being a By-law respecting the sale and discharge of fireworks” be deleted;

 

And That By-law 2001-235, “Being a By-law to establish fees for Fire Department responses to false alarms” be amended to delete reference to fees;

 

And That Schedule “A” of By-law 308-97, “By-Law for registration of two unit residential occupancies”, be deleted.

CARRIED

 

 

 

8.         MOVING OF HERITAGE BUILDINGS (16.11)

 

Moved by Mayor D. Cousens

Seconded by Councillor G. McKelvey

 

That the Town of Markham supports any temporary road closures that are required during the weekday when applications are received for the moving of heritage structures;

 

And that the appropriate signage be displayed, and notification of such temporary closures be communicated to the community as early as possible.

CARRIED

 

 

9.         LICENSING BY-LAWS (2.22 & 2.0)

 

Moved by Councillor J. Heath

Seconded by Councillor J. Virgilio

 

That a by-law to impose licensing fees in the Town of Markham be enacted;

 

And that the following licensing by-laws be amended to adhere to the Municipal Act, 2001 and re-enacted:

By-Law No. 2001-237, “A By-Law Respecting the Sale and Discharge of Fireworks”

By-Law No. 2001-62, “A By-Law Respecting the Licensing, Regulating and Inspecting of Adult Entertainment Parlours for the Provision of Goods”

By-Law No. 2001-22, “Adult Entertainment Parlour (Services)

By-Law No. 2001-31, “A By-Law to Provide for the Licensing and Regulation of Places of Amusement”

By-Law No. 2001-30, “A By-Law to Provide for the Regulating and Licensing of Places of Amusement – Pinball and Video Games Rooms”

By-Law No.2001-35, “A By-Law to Provide for the Licensing and Regulation of Auctioneers

By-Law No. 2001-34, “A By-Law to Provide for the Licensing and Regulation of Barber And Hairdressing Shops”

By-Law No. 116-98, “A By-Law Respecting the Licensing and Inspecting of Body-Rub Parlours and Attendants and Complementary Health Care Service Providers and Attendants”

By-Law No. 2001-25, “A By-Law to Provide for the Licensing and Regulation of Bowling Alleys, Billiard, Bagatelle Establishments”

By-Law No. 2001-27, “A By-Law to Provide for the Licensing and Regulation of Driving Schools and Driving Instructors”

By-Law No. 2001-32, “A By-Law to Provide for the Licensing and Regulation of Dry Cleaning Depots

By-Law No. 2002-75, “A By-Law to Provide for the Licensing and Regulation of Eating Establishments and Food Stores”

By-Law No. 2001-28, “A By-Law to Provide for the Licensing and Regulation of Public Garages”

By-Law No. 2001-29, “A By-Law to Licence the Operation of Golf Driving Ranges”

By-Law No. 2000-58, “A By-Law to Regulate Horse Riding Establishments in the Town of Markham and Provide for Safety Measures for Persons While Riding at those Establishments”

By-Law No. 206-98, “A By-Law to Licence and Regulate Owners and Drivers of Limousines”

By-Law No. 21-97, “A By-Law for the Licensing, Regulating and Governing of Persons Who Carry on Business of Leasing or Renting Mobile Signs”

By-Law No. 64-97, “A By-Law to Licence and Regulate Mobile Vendors

By-Law No. 2001-24, “A By-Law to Provide for the Licensing and Regulation of Public Halls”

By-Law No. 2001-26, “A By-Law to Provide for the Licensing and Regulation of Refreshment Vehicles”

 

 

 

 

 

By-Law No. 2001-36, “A By-Law to Provide for the Licensing and Regulation of Salvage Shops, Salvage Yards and Second Hand Dealers”

By-Law No. 2000-123, “A By-Law Respecting the Licensing, Regulating and Inspecting of Retailers of Second Hand Goods”

By-Law No. 2001-40, “A By-Law for Licensing, Regulating and Governing Owners and Drivers of Taxicabs and Taxicab Brokers”

By-Law No. 2001-33, “A By-Law to Provide for the Licensing and Regulation of Tobacco Shops”

By-Law No. 184-96, “A By-Law to Provide for the Licensing, Regulation and Governing of Owners and Drivers of Tow Trucks Operating in the Town of Markham”.

CARRIED

 

 

10.       APPOINTMENT OF DEPUTY CLERKS (11.3 & 13.2.5)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That a by-law be enacted to appoint Patricia Miller, Manager of Records, and Judith Kee, Committee Clerk as Deputy Clerks.

CARRIED

 

 

11.       2003 INTERIM TAX LEVY BY-LAW (7.3)

 

Moved by Councillor J. Heath

Seconded by Councillor G. McKelvey

 

That Council authorize an interim tax levy for 2003;

 

And that the by-law be passed to authorize the 2003 interim tax levy.

CARRIED

 

 

12.       PROPERTY MATTER - DESIGNATION OF
            STAFF TO ATTEND AUCTION (8.6)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That the Manager of Real Property, Legal Services Department (or his designate), be authorized to submit a bid on behalf of the Town of Markham for the property known municipally as Robinson Street Rear at a public auction to be held on December 18, 2002.

CARRIED

 

 

 

13.       DELEGATION OF AUTHORITY TO APPROVE
            SUBDIVISION AGREEMENTS (10.7)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That Council delegate to the Town Solicitor the authority to approve the special conditions for all subdivision agreements, as well as to authorize the Mayor and Clerk to execute such agreements.

CARRIED

 

 

 

14.       UPDATE ON STATUS OF CAPITAL PROJECTS
            AS OF OCTOBER 31, 2002 (7.5)

 

Staff was commended on the amount of work involved in the preparation of this report.

 

Moved by Councillor J. Heath

Seconded by Regional Councillor G. Landon

 

That the report entitled "Update on Status of Capital Projects as of October 31, 2002" be received;

 

And that Exhibit "A", entitled "Summary of Open Capital Projects at October 31, 2002" be received for information purposes;

 

And that $3,054,270 from closed capital projects be transferred to the original source of funding as per the report entitled "Summary of Closed Capital Projects at October 31, 2002" (Exhibit B and C).

CARRIED

 

 

 

15.       PORTION OF GO LANGSTAFF PARKING LOT
            LANGSTAFF ROAD EAST, THORNHILL (8.5)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That a by-law be enacted to stop up and close that portion of the GO Langstaff Parking Lot owned by the Town of Markham, situated along the north side of Langstaff Road East, comprised of approximately 0.44 acres, being part of Lot 36, Concession 1.

CARRIED

 

 

 

16.       SURPLUS PROPERTY AND LAND EXCHANGE
            DESIGNATED AS PART 9 ON DRAFT REFERENCE PLAN
            BENSON AVENUE - YONGE STREET INTERSECTION (8.5 & 8.6)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That part of old Benson Avenue, shown as Part 9 on the draft reference plan (to be deposited at the Land Registry Office) and attached to the staff report as Appendix 2, be declared surplus pursuant to Town of Markham By-law 178-96, (a by-law to govern the sale of surplus real property);

 

And that notice of the proposed disposition of Part 9, shown in Appendix 2, be placed on the Agenda for the Council Meeting on December 10, 2002, as required by By-law 178-96;

 

And that a by-law be enacted to stop up and close that portion of old Benson Avenue shown as Part 9 in Appendix 2;

 

And that approval be granted to the Manager of Real Property to exchange such Town surplus property with Ontario Realty Corporation (ORC) for a portion of its lands shown as Parts 2, 3, 4 and 5 in Appendix 2;

 

And further that a by-law be enacted at the Council meeting on January 14, 2003, authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to Ontario Realty Corporation for the property known as Lot 9 on the draft plan subject to final registration of the plan by ORC, in a form satisfactory to the Town Solicitor.

CARRIED

 

 

 

17.       SURPLUS PROPERTY AND LAND TRANSFER TO
            REGION OF YORK - PART OF LOT 21, CONCESSION 5
            DESIGNATED AS PARTS 1, 2, 3 AND 4 ON REFERENCE PLAN
            65R-25469 - ANGUS GLEN COMMUNITY CENTRE
            MAJOR MACKENZIE DRIVE, MARKHAM (8.5 & 8.6 & 6.6)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That part of Lot 21, Concession 5, Designated as Parts 1, 2, 3 and 4 on Reference Plan 65R-25469 be declared surplus pursuant to Town of Markham By-law 178-96, (a by-law to govern the sale of surplus real property), and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of December 10, 2002;

 

 

 

 

And that approval be granted to the Manager of Real Property to transfer such Town surplus property to the Region of York;

 

And further that a by-law be enacted at the Council meeting on January 14, 2003, authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to the Region of York for the lands known as Part of Lot 21, Concession 5, designated as Parts 1, 2, 3 and 4 on Reference Plan 65R-25469, Markham, in a form satisfactory to the Town Solicitor.

CARRIED

 

 

 

18.       PROPOSED STOP-UP, CLOSURE AND DISPOSAL
            PORTION OF DEVIATION ROAD (5.17 & 8.1 & 8.7)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That part of Deviation Road, shown in Appendix 2 as Parts 1, 2, 3 and 4 on Plan 65R-25471, be declared surplus pursuant to Town of Markham By-law 178-96, (a by-law to govern the sale of surplus real property);

 

And that notice of the proposed disposition of part of Deviation Road, shown in Appendix 2 as Parts 1, 2, 3 and 4, be placed on the Agenda for the Council Meeting on December 10, 2002, as required by By-law 178-96;

 

And that a by-law be enacted to stop up and close that portion of Deviation Road shown as Parts 1, 2, 3 and 4 in Appendix 2;

 

And that Parts 1, 2, 3 and 4 identified on Appendix 2 be offered for sale to the abutting property owners;

 

And further that the Manager of Real Property be authorized to negotiate the sale price and report back to Council on this matter.

CARRIED

 

 

 

19.       ALZHEIMER SOCIETY OF YORK REGION - ANNUAL
            AWARENESS BREAKFAST, JANUARY 18, 2003, AND
            PROCLAMATION - ALZHEIMER AWARENESS MONTH (16.23)

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

 

 

 

That the request to support the Alzheimer Society of York Region 6th Annual Awareness Breakfast on Saturday, January 18, 2003, in the amount of $20.00 per ticket, at the Sleepy Hollow Country Club from 9:00 a.m. to 11:00 a.m. at 13242 Tenth Line in Stouffville, be received;

 

And that tickets be purchased on an individual basis;

 

And that January 2003 be proclaimed as "Alzheimer Awareness Month" in the Town of Markham.

CARRIED

 

 

 

20.       2003 COUNCIL/COMMITTEE MEETING CALENDAR (16.23)

 

Moved by Regional Councillor F. Scarpitti

Seconded by Councillor J. Heath

 

That Council/Committee meetings be scheduled for August 2003, only if required.

CARRIED

 

 

Moved by Regional Councillor F. Scarpitti

Seconded by Regional Councillor G. Landon

 

That the 2003 calendar for Council and Standing Committee meetings be approved.

CARRIED

 

 

 

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21.       NEW MUNICIPAL ACT - AMENDMENT TO COUNCIL
            ONE-THIRD EXPENSE REMUNERATION (13.2.5 & 16.23)

 

Mr. Kevin Moriarty, Actuary, and Mr. Armand Abehsera, Actuary Associate, Mercer Human Resource Consulting, were in attendance.

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

 

 

 

 

That the following resolution be referred to the meeting of Committee of the Whole to be held on December 10, 2002, at which time all Members of Council will be present:

 

"That the report entitled "The Municipal Act, 2001 - Amendment to Council One-Third Tax Free Expense Remuneration" be received;

 

And that effective January 1, 2003, Council remuneration is fully taxable pursuant to Section 283 of the Municipal Act, 2001;

 

And further that Council enact a by-law, to be effective January 1, 2003, adjusting the annual remuneration of the Mayor and Members of Council to compensate for 100% of remuneration being taxable."

CARRIED

 

 

 

22.       JESSAMYN HOLDINGS LIMITED GERMAN MILLS ROAD
            SCHEDULING OF MEETING (10.7)

 

Members agreed to set aside time during the Regular Council Meeting scheduled for Tuesday, December 10, 2002 to consider the property matter relating to Jessamyn Holdings Limited and German Mills Road.

 

 

 

23.       2002 THIRD QUARTER YEAR TO DATE
            INVESTMENT PERFORMANCE REVIEW (7.0)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That the report dated November 18, 2002 entitled "2002 Third Quarter Year to Date Investment Performance Review" be received.

CARRIED

 

 

 

24.       ELECTION CONTRIBUTION REBATES FOR RESIDENTS (14.0)

 

**

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor G. McKelvey

 

That the report of the Town Clerk, dated December 2, 2002, entitled "Election Contribution Rebates for Residents", be received.

MOTION LOST

 

 

Moved by Councillor J. Heath

Seconded by Regional Councillor T. Wong

 

That the matter be deferred to Committee of the Whole.

MOTION LOST

 

Moved by Regional Councillor F. Scarpitti

Seconded by Councillor J. Heath

 

That the following motion to defer be reconsidered:

 

            "That the matter be deferred to Committee of the Whole."

MOTION LOST

 

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**Matter of election contribution rebates for residents was referred to a Council Committee of the Whole meeting in 2003 by Council at its meeting held December 10, 2002.

 

 

 

25.       INTERNET VOTING (14.0)

 

Moved by Councillor S. Daurio

Seconded by Regional Councillor T. Wong

 

That staff continue to investigate the use of Internet voting in the 2003 Municipal Election for advance voting purposes only.

CARRIED

 

 

 

Moved by Councillor J. Heath

Seconded by Regional Councillor F. Scarpitti

 

That Committee resolve In Camera at 12:10 p.m. to discuss confidential personnel and property matters.

CARRIED

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

That the Committee rise at 2:30 p.m. to consider, in public forum, the item relating to the "Cost Sharing of Video Camera on Captain Rolph Walkway".

CARRIED

 

 

Moved by Mayor D. Cousens

Seconded by Councillor D. Horchik

 

That Committee resolve In Camera at 2:35 p.m. to further discuss confidential personnel and property matters.

CARRIED

 

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Virgilio

 

That the Committee rise at 3:20 p.m.

CARRIED

 

 

 

 

 

ADJOURNMENT

 

The Finance & Administrative Committee meeting adjourned at the hour of 4:15 p.m.

 

 

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