GENERAL COMMITTEE
2009-04-20
Meeting
No. 10
Finance & Administrative
Issues Community
Services Issues
Chair: Councillor
J. Virgilio Chair:
Councillor
A. Chiu
Chair, Budget Sub-Ctte: Councillor D. Horchik Environment & Sustainability Issues
Chair: IT Sub-Ctte: Reg. Councillor J. Jones Chair: Councillor
E. Shapero
Chair:
Grants Sub-Ctte: Councillor V. Burke
Attendance
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A. Taylor,
Commissioner of Corporate Services
B. Librecz, Commissioner
of Community & Fire Services
S. Andrews,
Director, Asset Management
A. Brouwer, Deputy
Town Clerk
J. Carnegie,
Director, Communications & Community Relations
C. Conrad, Town
Solicitor
B. Cribbett,
Treasurer
S. Laing, Director,
Human Resources
P. Loukes, Director,
Operations
J. Lustig, Director
of Financial and Client Services
J. Ryerson,
Director, Varley Art Gallery
J. Taylor, Manager,
Labour Relations M. Visser, Manager of Financial Strategy & Investments
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The General Committee convened at the hour of 9:00 a.m. with Councillor
J. Virgilio in the Chair. Councillor E.
Shapero chaired the meeting for environmental and sustainability-related items.
DISCLOSURES
OF PECUNIARY INTEREST
Councillor J. Virgilio disclosed a pecuniary interest with respect to
agenda item 5 B (Glenbourne Sanitary Sewer Contract Award) as he has a work
client who resides in the applicable area who is involved with the item.
1. DEPUTATIONS
P. Howes, Manager, Markham Village Business
Improvement Area (BIA) addressed Committee with respected to Item 10 (Farmers’
Market at Markham Civic Centre). He
indicated concerns about not having been consulted and about the equity of the
program.
D.
Kavanagh, Markham Main Street Committee addressed Committee with respected to
Item 10 (Farmers’ Market at Markham Civic Centre). She indicated concerns about not having been
consulted and about the equity of the program.
J.
Cartwright, President of the Toronto and York Region Labour Council addressed
Committee with respect t Item 3 (Employment Insurance Program Resolution). He requested Committee’s consideration of a
resolution intended to encourage the Federal Government to consider changes to
improve the access, criteria, amount and duration of Employment Insurance (EI)
program benefits. He emphasized the
urgency of EI program reform given the current economic climate and made
reference to EI program impacts on local residents. He indicated that the Council of the City of
Vaughan had adopted the resolution put before the Committee for their
consideration.
2. ONTARIO
POWER GENERATION
NEW NUCLEAR AT
DARLINGTON PROJECT (13.0)
Presentation
Ms. L. Swami,
Director of Licensing for the Ontario Power Generation provided an overview of
the construction and operation of a new nuclear power plant planned to be
constructed at the existing Darlington site.
The plan is intended to meet base-load electricity requirements. She reviewed the Environmental Assessment
process, which includes a number of comprehensive studies and a review of
cumulative effects associated with other projects and initiatives undertaken by
other governments and agencies and the environmental effects associated with
low probability malfunctions, accidents and malevolent acts. Ms. Swami reviewed “Round 5” community
information session and it was suggested that an information meeting be held in
Markham.
Moved by Regional Councillor J. Jones
Seconded by Councillor A. Chiu
1)
That the presentation by Ms. L.
Swami, Director of Licensing, Ontario Power Generation, entitled “Ontario Power
Generation New Nuclear at Darlington Project” be received; and
2)
That Commissioner Jim Baird be
requested to service as a liaison for this project; and finally,
3)
That Ontario Power Generation
consider holding an information centre in the Town of Markham.
CARRIED.
3. WOMEN’S
SUPPORT NETWORK
OF YORK REGION (13.0)
Letter
Ms. S.
Dobson, Public Education and Outreach Coordinator, Women’s Support Network of
York Region provided her understanding of key issues related to sexual assault,
referring to statistics in York Region.
She also noted a number of accomplishments and planned activities
organized by the Women’s Support Network of York Region. Among the activities include a region-wide
walk to raise awareness of sexual assault issues will be planned May 29 and May
30, with the theme “Back to Basics: Ensuring a Strong Foundation”. Members of Council, Town staff and Markham
residents were encouraged to participate.
In addition, she requested that Council consider proclaiming May, 2009
as “Sexual Assault Prevention Month” in Markham.
Moved by Mayor
F. Scarpitti
Seconded
by Councillor E. Shapero
Whereas statistics indicate that sexual
violence continues to be a serious concern to all communities in York Region;
and,
Whereas the Women’s
Support Network of York Region provides critical support to victims of sexual
assault, including a confidential crisis line, public outreach initiatives and
crisis counselling; and,
Whereas the Women’s
Support Network of York Region has organized a regional walk with starting
point in Markham to raise awareness about sexual assault on May 29 and 30 with
the theme “Back to Basics: Ensuring a Strong Foundation”; and,
Whereas May is
recognized in Ontario as “Sexual Assault Prevention Month” and proclaimed as
such by many municipalities;
Therefore be it
resolved:
1)
That the presentation by Ms. S. Dobson
on behalf of the Women’s Support Network of York Region be received; and,
2)
That the Council proclaim the
month of May “Sexual Assault Prevention Month” in the Town of Markham; and
further,
3)
That staff forward details
regarding the May 29 and May 30 “Back to Basics: Ensuring a Strong Foundation” awareness
walk to Town’s Advisory Committee on Accessibility for their information.
CARRIED.
4. EMPLOYMENT
INSURANCE
PROGRAM RESOLUTION (16.23.2)
Resolution
The
Committee received the deputation by J. Cartwright, President of the
Toronto and York Region Labour Council.
S. Laing,
Director, Human Resources provided a brief overview of the administration of
the Employment Insurance (EI) program in Canada with particular reference to
the allocation of benefits and some of the challenges associated with the
program in the current economic climate.
Discussion
ensued, including the appropriateness of adopting the resolution, the scope,
language and content of the resolution and where the resolution should be forwarded,
should it be adopted.
Moved by Councillor D. Horchik
Seconded by Deputy Mayor J. Heath
Whereas a healthy
unemployment insurance system is a powerful economic stabilizer;
Whereas there will be
a negative fiscal impact on all municipalities if residents and unable to
access Employment Insurance (EI) program benefits or otherwise maintain incomes
during this economic downturn, due to the increased reliance on locally
provided social programs;
Now therefore, the
Council of the Corporation of the Town of Markham enacts as follows:
1)
That the
Town of Markham supports the Province of Ontario solution which requests the same
provisions for Ontario employees received by employees in other provinces and for
supplemental EI program support for unemployed individuals in the manufacturing
sector by providing targeted resources for training and other supports; and,
2)
That the
Town of Markham request the Federal Government to improve the provision of EI program
benefits in this economic downturn and that they be requested to review the
following, including but not limited to:
(i)
Reducing
the number of hours required to qualify for EI program benefits to qualify;
(ii)
Increase the
EI program benefit duration;
(iii)
Increase
in the level of benefits of normal earning;
(iv)
Expedite the
processing of EI claims; and
(v)
Extend EI program
“Part I” benefits while a worker is in approved training; and further,
3)
That this
resolution be forwarded to the Rt. Hon. Stephen Harper, Prime Minister of
Canada; Hon. Dalton McGuinty, Premier of Ontario; Hon. Diane Finley, Minister
of Human Resources and Skills Development; Hon. Madeleine Meilleur, Ontario Minister of Community and Social Services, local Members of
Parliament and Provincial Parliament, the Federation of Canadian Municipalities
and the Association of Municipalities of Ontario.
CARRIED.
5. WIRELESS
COMMUNICATIONS (7.13)
Presentation
The Deputy Clerk indicated that this item will be considered at the April
27, 2009 General Committee meeting.
6. APPROVAL TO HOLD DEVELOPMENT
CHARGE BY-LAW PUBLIC MEETING (7.11)
Report Presentation
Mr. C. Binning,
Associate Partner, Hemson Consulting Inc. outlined the objectives of the Town
Wide Soft Services (TWSS) development charges update, Development Charge
Sub-Committee activities to date, an outline of the scope of soft services,
growth forecasts used in the analysis and proposed TWSS residential and
non-residential charge rates. Mr.
Binning also outlined the next steps in the update, including a number of
public meetings.
Moved by
Mayor F. Scapitti
Seconded
by Councillor C. Moretti
1)
That
the presentation by Mr. C. Binning, Hemson Consulting Inc., entitled “Approval
to Hold Development Charge By-law Public Meeting” be received.
2)
That
staff report regarding this matter be brought forward in the agenda for
consideration.
CARRIED.
7. FEDERAL AND PROVINCIAL INFRASTRUCTURE
FUNDING PROGRAMS (7.0)
Presentation
Moved by Mayor
F. Scarpitti
Seconded
by Regional Councillor J. Jones
1) That
the presentation by Mr. J. Lustig entitled “Federal and Provincial
Infrastructure Funding Programs” be received.
2) That the Town of Markham make
application under the Infrastructure Stimulus Fund for the following three projects:
- West Thornhill Storm and Sanitary Sewer Infrastructure Flood
Remediation Works ($60M) which include:
•
Sanitary Sewer Rehabilitation ($37.5M)
•
Storm Sewer Rehabilitation (50% of $40M or $20M)
•
Watercourse Rehabilitation and Environmental
Remediation (50% of 5M or 2.5M)
2. Facility Accessibility, Energy
and Emergency Operations Centre Retrofit and Rehabilitation Project ($7.2M)
which include:
•
Facility Energy Retrofits ($3.0M)
•
Facility Accessibility Retrofits ($3.2M)
•
Emergency Operations Centre Rehabilitation ($1.0M)
- Thornhill Community Centre Library
Renovations and Additions
Project ($6.0M) which includes:
•
Renovation to lower level (old fitness centre) –
renovate 10,880 sq.ft. and add 3,260 new construction for the purposes of
youth, seniors and general programming space
•
The retrofit of the existing double-height library
theatre/auditorium space to provide for multi-purpose rooms, children centre,
computer training room and study rooms
•
The rehabilitation of part of the existing library
CARRIED.
8. CN
OVERPASS COMMUNITY
MESSAGING PROGRAM (5.13, & 3.12)
Presentation 1
Due to
meeting time limitations, Committee consented to have this item considered at
the April 27, 2009 meeting of the General Committee.
9. TENDER
AWARD 045-T-09
CATHODIC PROTECTION OF IRON
WATERMAINS (7.12.1)
Report 1
Moved by
Mayor F. Scarpitti
Seconded
by Councillor A. Chiu
1) That the report entitled “Tender Award
045-T-09 Cathodic Protection of Iron Watermains” be received; and,
2) That
tender 045-T-09 for Cathodic Protection of Iron Watermains be awarded to the
lowest priced bidder, C.P. Systems in their unit prices for an estimated annual
amount of $409,164.50 exclusive of GST; and,
3) That a
contingency amount of $40,800.00 exclusive of GST be established and that
General Manager of Waterworks be authorized to approve expenditure of this
contingency amount up to the specified limit in accordance with the Expenditure
Control Policy; and,
4) That
the term of the contract shall be for one year effective May 1, 2009 to April
31, 2010 with an option to renew for three additional years; and,
5) That
the General Manager of Waterworks and the Manager of Purchasing be authorized
to extend the contract for an additional three years, based on the same terms, conditions
and budget approval; and,
6) That
this project be funded from the Waterworks Department’s Capital Account 053
6150 9286 005 (2009) Cathodic Protection of Iron Watermains; and,
7) That
subject to the extension of the tender award, staff be authorized to amend the
award amount for the three additional years, to reflect change to project for
Cathodic Protection of Iron Watermains approve through Council during the
annual budgeting process; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED.
10. APPROVAL TO HOLD DEVELOPMENT
CHARGE BY-LAW PUBLIC MEETING (7.11)
Report Presentation
Moved by
Mayor F. Scarpitti
Seconded
by Councillor C. Moretti
1)
That the report on the “Town
Wide Soft Development Charges – Public Notice of Development Charge Public
Meeting” be received; and,
2)
That Town staff be authorized
to place a Public Notice advising of a Development Charge Public Meeting on May
26th, 2009 as required by Section 12 of the Development Charges Act; and further,
3)
That staff be directed to do
all things necessary to give effect to this report.
CARRIED.
11. GLENBOURNE SANITARY
SEWER
CONTRACT AWARD (5.5)
Report 1
Moved by
Mayor F. Scarpitti
Seconded
by Regional Councillor J. Jones
1)
That the report entitled “Award of Tender 082-T-09
Glenbourne and Glenridge Communities Sanitary Sewer” be received; and,
2)
That if two-thirds of the lots
owners within Group 2 (all 68 lots), as shown on Appendix “A”, indicate their
willingness to repay the cost of the sanitary sewer:
(a)
The contract for 082-T-09
Glenbourne and Glenridge Communities Sanitary Sewer be awarded to the overall
lowest priced bidder Digit Excavating Inc. for Part 1 (68 lots) works in the
amount of $396,085.00 exclusive of GST;
(b)
A separate purchase order for
the Part 1 works in the amount of $59,412.75 exclusive of GST be issued for
contingency to cover any additional works and that the Director of Asset
Management be authorized to approve expenditure of this contingency amount up
to the specified limit in accordance with the Expenditure Control Policy;
(c)
Staff be
authorized to retain the highest ranked and lowest priced bidder of RFP
173-R-08, Cole Engineering Group Ltd. for contract administration of Part 1
works for an upset fee limit of $33,831.00 inclusive of disbursements and
exclusive of GST;
(d)
A separate
purchase order for a contingency amount of $3,383.10 exclusive of GST be
established to cover any additional contract administration fees and that the
Director of Asset Management be authorized to approve expenditure of this
contingency amount up to the specified limit in accordance with the Expenditure
Control Policy;
(e)
Staff be
authorized to retain a qualified geotechnical consulting firm in accordance
with the Town’s purchasing bylaw to provide geotechnical and materials testing
services during construction of Part 1 works to an upset limit of $7,000.00
exclusive of GST;
(f)
Funds in the amount of
$534,176.55 be deposited into capital account 058-5350-8524-005 for
construction, engineering and all related administration costs funded from the
Waterworks Stabilization/Capital Reserve, to be recovered from the benefiting
property owners with appropriate interest;
(g)
Actual
construction cost, all the engineering and related administrative and financing
costs front-ended by the Town form part of the total project cost and be
recovered in accordance with the requirements of Section 391 of the Municipal
Act;
(h)
The
necessary By-Law to levy the associated cost against the benefiting properties
be forwarded to Council for adopted when the final cost of the project has been
determined;
(i)
The
residents of Group 2 be permitted the option of payment in the full of their
allocated project cost at the time of the completion of work or in installments
over 10 years with interest payable at the 10 Year Region of York Debenture
Interest Rate in effect on the date the By-Law is enacted, calculated annually
in advance.
3)
That if less
than two-thirds of the 68 lot owners support the installation of the
sewer by end of April 28, 2009:
(a)
Staff be authorized to
construct the sewer with one lateral to service #24 Glenbourne Park Drive only,
subject to receipt of funding as detailed in recommendation 3(g) below;
(b)
The contract for 082-T-09
Glenbourne and Glenridge Communities Sanitary Sewer be awarded to the overall
lowest priced bidder Digit Excavating Inc. for Part 2 works only with one
lateral in the amount of $38,610.00 exclusive of GST;
(c)
A separate purchase order for
the Part 2 works in the amount of $5,791.50 exclusive of GST be issued for
contingency to cover any additional works and that the Director of Asset
Management be authorized to approve expenditure of this contingency amount up
to the specified limit in accordance with the Expenditure Control Policy;
(d)
Staff be
authorized to retain the highest ranked and lowest priced bidder of RFP
173-R-08, Cole Engineering Group Ltd. for contract administration for Part 2
works for an upset fee limit of $8,326.50 inclusive of disbursements and
exclusive of GST;
(e)
A separate
purchase order for a contingency amount of $832.65 exclusive of GST be
established to cover any additional contract administration fees and that the
Director of Asset Management be authorized to approve expenditure of this
contingency amount up to the specified limit in accordance with the Expenditure
Control Policy;
(f)
Staff be
authorized to retain a qualified geotechnical consulting firm in accordance
with the Town’s purchasing bylaw to provide geotechnical and materials testing
services during construction of Part 2 works to an upset limit of $500.00
exclusive of GST;
(g)
The
actual construction cost, all the engineering and related administrative and
financing costs in the total amount of $61,962.04 exclusive of GST be
front-ended by the owner of #24
Glenbourne Park Drive;
(h)
A new 2009 Right-Of-Way Assets
Capital Budget be established for the construction and all related
administrative costs to an upset limit of $57,567.94;
(i)
The
necessary By-Law to levy the associated cost by property be prepared for lots
#24, #26, 29 and #31 Glenbourne Park Drive in accordance with the requirements
of Section 391 of the Municipal Act 2001.
(j)
The Mayor
and Clerk be authorized to enter into an agreement with the owner of No. 24
Glenbourne Park Drive providing for the upfronting of the cost of the Part 2
works including an indemnity with respect to additional costs to the rest of
the community and provision for recovery from the owners of Nos. 26, 29 and 31
Glenbourne Park Drive, and any other documents required to give effect to this
resolution, to the satisfaction of the Chief Administrative Officer and Town
Solicitor.
4)
That the staff to report back
on the process and the rate for wastewater charges for the residents who are
connected to sanitary sewer only; and further,
5) That
Staff be authorized and directed to do all things necessary, including the
execution of documents, to give effect to this resolution.
CARRIED.
12. ASSET MANAGEMENT
UPDATE ON STREETLIGHT
INVENTORY PROJECT (5.19)
Presentation
The Deputy Clerk indicated that this item will be considered at the
April 27, 2009 General Committee meeting.
13. NATIONAL PUBLIC WORKS WEEK
MAY 17 – 23, 2009 “REVITALIZE, REINVEST, RENEW”(5.0)
Report
Moved by
Mayor F. Scarpitti
Seconded
by Councillor A. Chiu
1) That
the Mayor and Council Proclaim the week of May 17-23, 2009, as ‘National Public
Works Week’ in the Town of Markham; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED.
14. USE OF MARKHAM THEATRE
ENDOWMENT FUND FOR
THEATRE PROJECTOR SYSTEM (6.2)
Report 1
Due to
meeting time limitations, Committee consented to have this item considered at
the April 27, 2009 meeting of the General Committee.
15. THE ONTARIO MINISTRY OF ENVIRONMENT
MARKHAM DISTRIBUTION SYSTEM -
DRINKING WATER SYSTEM INSPECTION REPORT (5.3)
Report 1
- Title Page 1 2
–Title Page 2
Due to
meeting time limitations, Committee consented to have this item considered at
the April 27, 2009 meeting of the General Committee.
16. FARMERS’ MARKET AT
MARKHAM CIVIC CENTRE (5.7)
Report 1 2 3 4 5 Presentation
V.
McGrath, Director, Sustainability Office, provided an overview of the proposal
to develop a farmers’ market at the Markham Civic Centre by participating in
the Farmers’ Markets Ontario MyMarket program in support of a Building
Markham’s Future Together strategic goal to encourage the promotion of local
foods and food security. Ms. McGrath
outlined the verification process required for vendors to participate, primary
and secondary market products, the proposed legal agreement with MyMarket,
proposed interim and permanent market locations, proposed periods of operation,
support for the program and financial considerations.
Committee
raised concerns about the financial impact of the proposed market on the
existing farmers’ markets; further financial considerations regarding the
proposed market with regard to ongoing operations and marketing; the capacity
of local farmers to provide products at additional farmers’ markets; and the
need for further consultation with various stakeholders.
Delegations,
including P. Howes and D. Kavanagh were received by Committee and three pieces
of correspondences indicating concerns about the proposed farmers’ market were
noted. The correspondence included the
following: 1) an email from I. Natoli, Manager of the Markham Farmers Market;
2) an email from A. Oakley, York Farmers Market; and 3) a letter from Deirdre
Kavanagh, Member of the Heritage Markham Committee.
Moved by Mayor
F. Scarpitti
Seconded
by Councillor A. Chiu
That the following motion be deferred for two
weeks to allow for further consultation with Markham Business Improvement Area
(BIA) Farmers’ Market, Thornhill Farmers’ Market, local farmers,
representatives from the Unionville BIA and Unionville Villages Association:
1)
That the staff report
entitled Farmers’ Market at the Civic Centre, dated April 20, 2009, be
received; and,
2)
That as approved in
the action plans for Building Markham’s Future Together, Council endorse the
operation of a weekday Farmers’ Market at the Civic Centre, following the My
Market Rules and Regulations, as outlined in this report; and,
3)
That the Farmers’
Market set up cost of $5,000 and promotion at a cost of $5,000 be funded by
account number 299-101-5399-8454; and,
4)
That Council
authorizes an exemption to the Noise By-law 2003-137, permitting amplified
sound from the market to 9 p.m.; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED.
17. EMPLOYMENT
INSURANCE
PROGRAM RESOLUTION (16.23.2)
Resolution
Moved by Councillor C. Moretti
Seconded by Councillor J. Webster
1) That the draft resolution developed
by the Toronto and York Region Labour Council regarding the Employment Insurance
Program be received.
CARRIED.
18. FARMERS
MARKET OBJECTING EMAIL (5.7)
Email
Moved by
Councillor C. Moretti
Seconded
by Councillor J. Webster
1)
That the email from Mr. I Natoli, Manager Markham
Farmers Market, regarding his objection to the farmers market at Markham Civic
Centre be received.
CARRIED.
19. FARMERS
MARKET OBJECTING EMAIL (5.7)
Email
Moved by
Councillor C. Moretti
Seconded
by Councillor J. Webster
2)
That the email from A. Oakley, York Farmers Market, regarding his objection to the farmers market at Markham Civic Centre
be received.
CARRIED.
20. FARMERS
MARKET OBJECTING EMAIL (5.7)
Letter
Moved by
Councillor C. Moretti
Seconded
by Councillor J. Webster
3)
That the email from D. Kavanagh, Member of the
Heritage Markham Committee, regarding his objection to the farmers market at
Markham Civic Centre be received.
CARRIED.
IN CAMERA MATTERS
Moved by Mayor F. Scarpitti
Seconded by Councillor D. Horchik
1) That, in accordance with Section
239 (2) (d) of the Municipal Act, General Committee resolve into an in-camera
session to discuss the following confidential matter
A labour relations or employee
negotiations matter regarding the 2009 collective bargaining between the Town
of Markham and the Professional Firefighters’ Association (11.6) (1:08 p.m.)
CARRIED.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
2) That Council rise from its
in-camera session (2:13 p.m.)
CARRIED.
ADJOURNMENT
General Committee adjourned at 2:15 p.m.