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M I N U T E S

COMMITTEE OF THE WHOLE

2005-03-29

                                                                                            Canada Room

Meeting No. 7

 

Attendance

 

 

Mayor                          D. Cousens

Regional Councillors     F. Scarpitti (5:12 p.m.)

                                    J. Heath

                                    J. Jones

                                    B. O' Donnell

Councillors                   E. Shapero

                                    G. McKelvey

                                    J. Webster

                                    D. Horchik

A. Chiu

 

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development

   Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

J. Lustig, Director of Financial and Client

   Services

D. McClean, Fire Chief

P. Miller, Manager, Secretariat Services

S. Mintz, Deputy Fire Chief

A. Pozywiak, Director, Strategic Initiatives

J. Sales, Commissioner of Community & Fire

   Services

A. Taylor, Commissioner of Corporate Services

F. Wong, Manager, Financial Planning

 

 

 

The Committee of the Whole meeting convened at the hour of 5:04 p.m. with Mayor D. Cousens in the Chair.

 

 

DISCLOSURE OF INTEREST

 

None declared.

 

 

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That Committee of the Whole recess in-camera to discuss a personnel and a legal matter.

 

Carried


 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - MARCH 8, 2005 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the minutes of the Committee of the Whole meeting held on March 8, 2005 be confirmed.

 

Carried

 

 

 

2.         COURT ADMINISTRATION UPDATE (7.0)   Presentation

 

The Director of Financial and Client Services advised that in 1999, the Region of York and the nine area municipalities partnered to assume the responsibility of Court Administration of Provincial Offences Act cases from the Province.  An inter-municipal agreement was developed and a Joint Board of Management was established.  The Region of York agreed to administer court services on behalf of all parties.  The Region of York has advised of cost effective difficulties and the municipalities have advised of a lack of efficient service by the Region of York.  Mr. Lustig provided details of the current inter-municipal revenue sharing agreement, the 2004+ revenue sharing freeze, agreement to conduct an independent review of the Court Services Program in terms of efficiencies, economies and effectiveness.  He also provided detail of the current issues with revenue and administration, the proposed Court Services Review key deliverables, projected timing, a summary of the Region of York staff report regarding review of court services and a request for additional staffing, a summary of the Region’s recommendations and the proposed Town of Markham recommendations regarding the revenue freeze, and suggested amendments to the Region of York staff recommendation.

 

Discussion took place regarding the specific problems being experienced and specific situations, steps that have been taken to attempt to rectify the situation, revenue levels, the Town’s share, financial implications, costs, staffing levels, Town budgetary implications, impact of the situation on the effectiveness of the Town’s Licensing Committee, the need to ensure municipalities have an acceptable amount of control over the proposed review process, the acceptability of the 50/50 cost sharing split for the proposed review, and the need for a Steering Committee representative of area Chief Administrative Officers.  It was noted that withdrawals and dismissals are detrimental to the court process; the levying of fines that are lower than the cost of a license is not a deterrent; the prosecutor reaching a “no reasonable prospect of conviction” decision and the Town still being able to proceed; and electronic solutions are available.  All of these issues will be considered in the proposed review.


 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor E. Shapero

 

That the presentation by the Director of Financial and Client Services providing an update on court administration in York Region, be received;

 

And that the Town of Markham recommends amendments to the York Region Finance and Administrative Committee resolution of March 3, 2005 as follows:

 

-        Approval be given for the immediate recruitment of six temporary staff and the Commissioner of Corporate Services report back to the Committee in June, 2005 on the case load, revenues and potential need for further staff to be hired on a phased-in basis.

 

-        The assessment of the efficiency and effectiveness of the A review of the Court Services Program be undertaken by an independent third party in consultation with the Ministry of the Attorney General, cost shared 50:50 between the Region and the Area Municipalities at the maximum estimated Regional cost of $25,000 $62,500.

 

-        Staff report further to Regional Council pending the outcome of the independent third party review and that report to include a recommended new Inter-municipal Agreement that would remove the tax burden of the Court Services Program from the Regional tax levy.

 

-        The Regional Clerk forward a copy of this report to the Area Municipalities for information.

 

-        And that a Steering Committee be formed which is representative of York Region Chief Administrative Officers, to oversee the review.  Such committee to consist of approximately four or five members, at the discretion of area Chief Administrative Officers.

 

Carried

 

 

 

3.         PROVINCIAL RECOGNITION OF
            COMPLIANCE WITH EMERGENCY MANAGEMENT ACT (3.0)

 

Committee had before it the memorandum dated March 29, 2005 regarding Provincial recognition of the Town of Markham of compliance with the Emergency Management Act and next steps.

 

The Deputy Fire Chief briefly reviewed this information.


 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the memorandum dated March 29, 2005 from the Deputy Fire Chief advising of Provincial recognition that the Town of Markham is in compliance with the Emergency Management Act and advising of next steps, be received.

 

Carried

 

 

 

4.         2005 NO-DIG SHOW
            TRENCHLESS TECHNOLOGY CONFERENCE & EXHIBITION
            ORLANDO, FLORIDA – APRIL 25 -27, 2005 (11.12)

 

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Jones

 

That the letter dated March 21, 2005 from Councillor A. Chiu requesting approval to attend the “2005 No-Dig Show” – Trenchless Technology Conference & Exhibition in Orlando, Florida from April 25 to 27, 2005, be received;

 

And that approval be granted for Councillor A. Chiu to attend to a maximum of $2,600 (CDN) with conference registration costs charged to Waterworks budget account number 760 998 5200 and travel and lodging costs associated with the conference charged to Waterworks budget account number 760 998 5201.

 

Carried

 

 

 

5.         2005 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O’Donnell

 

Achievement and Civic Recognition Awards Committee

That the following persons be appointed to the Achievement and Civic Recognition Awards Committee for a term to expire November 30, 2006:

 

                  Karine Chiu

                  Lisa Kassabian

                  Ralph Persram

                  Gaetano Vella


 

Markham Public Art Advisory Committee

And that the resignation of Leslie Holt from the Markham Public Art Advisory Committee be accepted with regret and a letter of appreciation be forwarded;

 

And that an appropriate replacement be sought.

 

Carried

 

 

 

6.         CHANGES TO ONTARIO HERITAGE ACT BILL 60 (2.0)

 

Councillor J. Webster advised that Bill 60 is ready for third reading in the legislature but has been stalled.  Bill 60 proposes much needed changes to the Ontario Heritage Act which would further conserve and protect heritage resources, especially in the area of demolition control, heritage property standards and delegation of approval authority.  He suggested that a resolution be passed by Markham Council to encourage the Provincial Government to proceed with Bill 60.

 

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Jones

 

That the Council of the Town of Markham commends the Province for its commitment to the further conservation and protection of heritage recourses, especially in the area of demolition control, heritage property standards and delegation of approval authority, as indicated in the proposed amendments to the Ontario Heritage Act (Bill 60);

 

And that Markham Council is concerned about the recent delays in the passage of Bill 60 given the widespread support the proposed amendments have received not only in the heritage community, but also in the broader community;

 

And that Markham Council urges the Premier of Ontario to expedite the passage of Bill 60 during the spring

 

Carried

 

 

 

7.         CONDOLENCES (12.2.6)

 

Committee announced, with regret, the passing of Councillor J. Virgilio’s Mother.  Deepest condolences are extended to the family.

 

 

 

ADJOURNMENT

The Committee of the Whole meeting adjourned at 6:48 p.m.

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