GENERAL COMMITTEE
November 5, 2012
Meeting No. 24
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
Catherine
Conrad, City Solicitor
Jim
Baird, Commissioner of Development Services
Brenda
Librecz, Commissioner of Community & Fire Services
Trinela
Cane, Commissioner of Corporate Services
Joel Lustig,
Treasurer
Nory Takata, Parks Planner
Bill
Wiles, Manager of By-law Enforcement & Licensing
Claudia Marsales, Senior Manager of Waste &
Environmental Management
David Porretta,
Supervisor Traffic Operations
Paul Wealleans,
Director, Revenues
Mary Creighton, Director Recreation
Alida
Tari, Council/Committee Coordinator
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The General Committee convened at the hour of 9:08 a.m. with Mayor Frank
Scarpitti in the Chair and Councillor Alex Chiu Chaired Community Services
related items. Councillor Howard Shore assumed the Chair for Community Services
item #22 at 2:20 p.m.
The General Committee recessed at 12:25 p.m. and reconvened at 1:13 p.m.
DISCLOSURE OF
INTEREST
None disclosed.
1. FAIR HOSPITAL PARKING
CHARGES (3.8)
Presentation Attachment
1 Attachment
2 Attachment
3 Attachment
4
Mr. Alan Powell
delivered a PowerPoint presentation regarding Fair Hospital Parking Charges.
The Committee thanked
the Alan Powell, John Hazelwood and Elizabeth Plashkes for all their work
relative to fair hospital parking charges.
There was discussion
regarding LHIN (Local Health Integrated Network). The Committee inquired what the parking
revenue is. It was noted that the net parking
revenue from last year at Markham Stouffville Hospital was $3.1 Million.
The Committee
suggested that Ms. Janet Beed be requested to provide any comments relative to
this proposed resolution.
Moved by Councillor
Colin Campbell
Seconded by Logan
Kanapathi
1) That the presentation by Mr. Alan D. Powell,
entitled “Fair Hospital Parking Charges” be received; and,
2) That the City of Markham
hereby requests that the Province of Ontario reduce and cap at a fair rate the
parking charges at Ontario Hospitals including Markham Stouffville Hospital.
CARRIED
2. 2013 SPECIAL OLYMPICS
SUMMER GAMES (7.0)
Ms. Karen
Richards addressed the Committee and provided some opening comments relative to
the 2013 Special Olympics Summer games.
Superintendent
Paul Pedersen, York Region Police addressed the Committee requesting that
Members of Council support a community base involvement regarding the 2013
Special Olympics Summer games.
The
Committee thanked Ms. Karen Richards and Superintendent Paul Pedersen, York
Region Police for their presentations today.
Moved by Councillor
Howard Shore
Seconded
by Councillor Carolina Moretti
1) That the presentation by Ms. Karen Richards &
Mr. Paul Pedersen, entitled “2013 Special Olympics Summer Games” be received.
CARRIED
3. MINUTES OF THE OCTOBER 22, 2012
GENERAL COMMITTEE (16.0)
Minutes
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1)
That the Minutes of the October
22, 2012 General Committee be confirmed.
CARRIED
4. MINUTES OF THE OCTOBER 10,
2012
2013 BUDGET PUBLIC INFORMATION
MEETING (16.0)
Minutes
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the Minutes of the October 10,
2012, 2013 Budget Public Information Meeting be received for information
purposes.
CARRIED
5. MINUTES OF THE OCTOBER 5
& OCTOBER 12, 2012
2013 BUDGET SUB- COMMITTEE
(16.0)
October
5 October
12 October
16 October
19 (1) October
19 (2)
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the Minutes of the October 5 &
October 12, 2012, 2013 Budget Sub-Committee be received for information
purposes.
CARRIED
6. MINUTES OF THE OCTOBER 4, 2012
COMMUNICATIONS COMMITTEE & INFORMATION
TECHNOLOGY SUB – COMMITTEE (16.0)
Minutes
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the Minutes of the October 4, 2012
Communications Committee & Information Technology Sub- Committee be
received for information purposes.
CARRIED
7. MINUTES OF THE JUNE 19,
2012
VARLEY MCKAY ART FOUNDATION OF
MARKHAM (16.0)
Minutes
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the Minutes of the June 19, 2012,
Varley McKay Art Foundation of Markham be received for information purposes.
CARRIED
8. MINUTES OF THE SEPTEMBER
19, 2012
ADVISORY COMMITTEE ON
ACCESSIBILITY (16.0)
Minutes
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the Minutes of the September 19,
2012 Advisory Committee on Accessibility be received for information purposes.
CARRIED
9. MINUTES OF THE SEPTEMBER
24, 2012
PUBLIC LIBRARY BOARD (16.0)
Minutes
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the Minutes of the September 24, 2012
Public Library Board be received for information purposes.
CARRIED
10. MINUTES OF THE SEPTEMBER 19,
2012
ANIMAL CARE COMMITTEE (16.0)
Minutes Attachment
Staff pointed out that
the Animal Care Committee was advised that the municipality does not have the legislative
authority to eliminate animal acts at its circus events. It was suggested to not single out one
particular organization, but have it for all organizations that have provided events
in the past that include animal acts.
There was discussion
regarding whether rodeos should be included in the recommendation.
Moved by Councillor
Don Hamilton
Seconded by Councillor
Carolina Moretti
1) That the
Minutes of the September 19, 2012 Animal Care Committee be received for
information purposes.
2) That General Committee receive the following
recommendation from the Animal Care Committee:
“That the Animal Care Committee request that Council endorse the letter
to the Shriners International Headquarters regarding eliminating animal acts at
its circus events presented as Appendix A ; and,
That the letter be signed by Mayor Frank Scarpitti and forwarded to the
Shriners International Headquarters”; and further,
3) That the Mayor forward a letter to all
organizations that have brought circus events to the City of Markham and request
that consideration be made to eliminate animal acts in their events.
CARRIED
11. MINUTES OF THE SEPTEMBER 19,
2012
SANTA CLAUS PARADE (16.0)
Minutes
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the Minutes of the September 19,
2012 Santa Claus Parade be received for information purposes.
CARRIED
12. REQUEST FOR PROPOSAL 035-Q-12 PUBLIC SPACE
WASTE RECYCLING RECEPTACLES SYSTEM AND
ADVERTISING PROGRAM (5.2)
Report Attachment
Claudia Marsales, Senior Manager of Waste
& Environmental Management delivered a brief PowerPoint presentation
regarding the Public Space Waste Recycling Receptacles System and Advertising
Program.
There was discussion regarding the challenges
of including organics as part of the waste recycling receptacles system. Staff advised that they can investigate
specific sites that could potentially begin to incorporate organics.
There was brief discussion regarding the
percentage of containers that can be used by the City for their own advertising
uses.
Moved by Councillor Don Hamilton
Seconded by Councillor Carolina Moretti
1) That the Report entitled
‘Request for Proposal 035-Q-12 Public Space Waste Recycling Receptacles System
and Advertising’ be received; and,
2) That the Request For Proposal (RFP)
035-12 for Public Space Waste Recycling
Receptacles and Advertising program be awarded to Creative Outdoor Advertising
the highest ranked / highest revenue bidder for a period of five years; and,
3) That the Director of Environmental Services
and Manager Purchasing be authorized to extend the contract for a further
period of five years as per terms of the RFP and subject to the satisfactory
completion of the initial contract term; and,
4) That the annual guaranteed revenue of
$90,000.00 or 28% commission whichever is the greater as provided for in the
RFP be included in the Waste Department Operating Budget beginning 2013; and,
5) That the Commissioner of Community
& Fire Services and the Manager of
Purchasing be authorized to
execute the contract with Creative Outdoor Advertising in accordance to the terms of the Purchasing
By Law and to the satisfaction of the City’s Solicitor; and further,
6) That Staff be authorized
and directed to do all things necessary to give effect to this resolution
CARRIED
13. 2012 THIRD QUARTER
INVESTMENT PERFORMANCE
REVIEW (7.2)
Report Attachment
1 Attachment
2 Attachment
3 Attachment
4
Attachment
5 Attachment
6
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the report dated October 12, 2012
entitled “2012 Third Quarter Investment Performance Review” be received.
CARRIED
14. BYLAW TO AUTHORIZE TEMPORARY
BORROWING
FOR 2013 (7.0)
Report Attachment
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
1) That the report
“By-law to authorize Temporary Borrowing for 2013” 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 $137,087,510 from January 1, 2013 to September 30, 2013 and $68,543,755 from October
1, 2013 to December 31, 2013 to meet the expenditures of the municipality until
taxes are collected and other revenues are received; and,
3) That
the Treasurer report 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
15. 2013 INTERIM TAX LEVY AND
BYLAW (7.2)
Report
Moved by Councillor Don Hamilton
Seconded by Councillor Carolina Moretti
1) That
Council authorize an interim tax levy for 2013; and,
2) That
the attached by-law be passed to authorize the 2013 interim tax levy; and
further,
3) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
CARRIED
16. STRATEGIC LAWSUIT AGAINST
PUBLIC PARTICIPATION
(SLAPP) REPORT (8.0)
Report Attachment
A
Catherine Conrad, City Solicitor summarized
the details outlined in the report.
There was brief discussion regarding an indemnification
by-law.
The Committee requested further
explanation between “absolute privilege” versus “qualified privilege.” The
Committee suggested that staff e-mail Members of Council a memo with further details
regarding "absolute and qualified privileges".
Councillor Shore is suggesting that this
report be forwarded to MAGIC.
The Committee reviewed Councillor Howard
Shore's Notice of Motion from the October 16, 2012 Council meeting and
suggested that clause 3 be deleted.
Moved by Councillor Howard Shore
Seconded by Councillor Colin Campbell
1) That the report entitled “Strategic Lawsuits
Against Public Participation (SLAPP)”, dated November
5, 2012, be received; and,
2) That
Council receive the information regarding SLAPP legislation as requested by
Council in a Motion passed on May 7, 2012; and,
3) That
Council authorize staff to draft an indemnification by-law for their
consideration; and,
4) That the Strategic Lawsuits Against
Public Participation (SLAPP) be circulated to Markham Action Group for Improved
Community (MAGIC); and further,
5) That Staff be authorized and directed
to take the actions set out in this report.
CARRIED
Moved by Councillor Howard Shore
Seconded by Councillor Carolina Moretti
Whereas
Strategic litigation against public participation (SLAPP) has been defined as a
lawsuit started against one or more persons or groups who speak out or take a
position on an issue of public interest; and,
Whereas
the intent of such litigation is to limit the freedom of expression of the
defendants and neutralize their actions
by resorting to the courts to intimidate them, exhaust their resources and
reduce their means of action by redirecting their energy and finances into defending
a lawsuit and away from their original public criticism; and,
Whereas
Strategic Lawsuits Against Public Participation (SLAPP) are a major impediment
to free speech in Ontario; and,
Whereas
these frivolous lawsuits are a waste of already overburdened Court time and
resources; and,
Whereas
concerns have been raised that SLAPPs also act as a warning to other potential
critics, including Ratepayer Associations and community activists; and,
Whereas
SLAPP is a form of bullying and intimidation, and an abuse of our judicial and
quasi-judicial systems the effect and intent of which is to discourage public
debate; and,
Whereas
the SLAPP experience, already familiar in the United States, first appeared in Canada
as a type of abuse of process, or began to be identified as such, in the 1990s.
A number of companies initiated legal proceedings that fit the definition of a
SLAPP in order to silence groups or citizens who were speaking out on public
issues, especially on environmental, but also municipal or consumer, issues;
and,
Whereas
abusive SLAPP lawsuits are an observable reality and constitute a serious
threat to the participation of citizens and groups in public debate; and,
Whereas
the public's right to participate in decision-making in matters of public
interest is a cornerstone of our democratic system; and,
Whereas
the only way to protect the citizen's right to public participation is through
the creation of effective legislation; and,
Whereas
Article 25 of the International Covenant on Civil and Political Rights states:
“Every
citizen shall have the right and the opportunity, without any of the
distinctions
mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public
affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine
periodic elections which shall be by universal and equal suffrage and shall be
held by secret ballot, guaranteeing the free expression of the will of the
electors;
(c) To have access, on general terms of
equality, to public service in his country”; and,
Whereas
the province of Quebec and over half of U.S. states have anti-SLAPP
legislation; and,
Whereas
the Association of Municipalities of Ontario has passed a resolution to meet
with the provincial government in order to find solutions to SLAPP intimidation
in Ontario; and,
Whereas
more than 60 municipalities in Ontario have passed resolutions calling on the
provincial government to protect citizens and adopt anti-SLAPP legislation;
and,
Whereas Yasir Naqvi, Member of
Provincial Parliament for Ottawa Centre, tabled a private member’s bill on October 15, 2012 – the
Protection of Public
Participation Act – that targets Strategic Lawsuits
Against Public Participation (SLAPPs), and,
Whereas
the City of Markham believes that the right to participate in public affairs is
an essential condition for the effective exercise of the right to freedom of
expression and right of association and implies the free communication of
information and freedom of the press and further, the right to hold opinions
without interference.
Therefore be it resolved
that:
1) Council through the Mayor, write to the Attorney General and
Premier of Ontario urging the adoption of
the “Anti-SLAPP Advisory Panel Report to the Attorney General of Ontario dated
October 28, 2012” and enact anti-SLAPP legislation, to discourage
SLAPP intimidation and protect citizens' rights to free speech and
participation in public debate, without fear of frivolous and meritless
lawsuits; and further,
2) That Council
recommend to the Attorney
General and Premier of Ontario to extend Parliamentary Privilege to members of
municipal Councils where a member of the
Council participates in the exercise of their responsibilities representing the
constituents of their electoral district, and generally, the carrying out of
the functions of his or her responsibilities as Councillor, the Councillor
shall not be held personally liable for SLAPP lawsuits.
CARRIED
17. INTEGRITY COMMISIONER &
COUNCIL CODE
OF CONDUCT (9.0)
Report Attachment
A Attachment
B Attachment
C
Moved by Regional Councillor Jim Jones
Seconded by Councillor Colin Campbell
That this item be deferred to the November 19, 2013 General Committee
meeting as the first item on the agenda:
1) That the report entitled
“Integrity Commissioner & Council Code of Conduct” be received for
information purposes;
2) That Staff be authorized
to proceed with the recruitment of an Integrity Commissioner, on a retainer
basis, using the recruitment model detailed in this report;
3) That Council adopt the
mandate for the Integrity Commissioner included with this report as Appendix
‘A’;
4) That Council adopt the complaint
protocol included with this report as Appendix ‘B’;
5) That Council adopt and
implement the Council Code of Conduct included with this report as Appendix
‘C’; and
6) That the 2013 costs for
the Integrity Commissioner be funded from the existing operating budget and
that staff be authorized to monitor the expenses and that any adjustments
required be considered in the 2014 operating budget process; and further,
7) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
CARRIED
18. AMENDMENTS TO DISCHARGE OF
FIREARMS
BY-LAW (2.0)
Report Attachment
There
was brief discussion regarding the provision in the proposed by-law relative to
farmers and the proposed exceptions to the by-law.
Moved
by Deputy Mayor Heath
Seconded
by Councillor Colin Campbell
1) That the report entitled
“Discharge of Firearms and Bows By-law” be received; and,
2) That By-law 323-86 being
“a bylaw to Prohibit the Discharge of Guns and Other Firearms, Air Guns and
Spring Guns and Class Thereof, Within the Municipality” be repealed; and,
3) That the proposed
“Discharge of Firearms and Bows By-law” as outlined in Appendix 'A' be enacted;
and further,
4) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
CARRIED
19. REQUEST FROM THE YORK
REGIONAL POLICE FOR
ASSISTANCE WITH CLANDESTINE
DRUG OPERATION
COST RECOVERY (2.0)
Report Attachment
A Attachment
B Attachment
C
There was discussion regarding recoverable
costs.
The
Committee suggested that staff examine all other potential costs associated with drug operation and any potential
opportunities to include those costs in the proposed by-law.
The Committee discussed whether there is a
way to put more responsibility on the home owner as well as the tenant.
Ms. Karen Rea, addressed the Committee
regarding the Request from the York Regional Police for Assistance with
Clandestine Drug Operation Cost Recovery and provided comments.
Moved by Regional Councillor Jim Jones
Seconded by Regional Councillor Joe Li
1) That the report entitled
“Request from York Regional Police for Assistance with Clandestine Drug
Operations Cost Recovery” be received; and,
2) That the City of Markham
enact a by-law (Attachment ‘A’- Draft
By-law) to permit recovery of costs incurred by York Regional Police
Services which are associated with the remediation of clandestine drug
operations in Markham, in accordance with Section 391 (1) of the Municipal Act,
2001; and,
3) That staff be directed to report back on all
other potential costs associated with drug operation and opportunities to
include those costs in the by-law; and,
4) That the Mayor and
Acting City Clerk be authorized to execute a Memorandum of Understanding
between Markham and the Regional Municipality of York Police Services regarding
the payment and collection of costs by the City to the Regional Municipality of
York Police Services, prepared in a form acceptable to the Commissioner of
Corporate Services and the City Solicitor; and further,
5) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
CARRIED
20. CITY OF MARKHAM URBAN FOREST
STUDY (5.7)
Presentation
Nory Takata, Parks Planner addressed the
Committee and provided some opening comments relative to the City of Markham
Urban Forest Study.
Megan Eastwood, Toronto Region and
Conservation Authority (TRCA) delivered a PowerPoint presentation regarding the
results of the City of Markham Urban Forest Study.
There was discussion regarding the
environmental impact relative to the Emerald Ash Borer (EAB) risk.
The Committee briefly discussed the
priority planting index.
The Committee thanked staff and Ms. Megan
Eastwood for this report.
Moved by Mayor Frank Scarpitti
Seconded by Councillor Colin Campbell
1) That the presentation by Megan Eastwood, Toronto
Region and Conservation Authority, entitled “City of Markham Urban Forest
Study” be received; and,
2) That the City of Markham
Urban Forest Study be considered as a source of reference for future Urban
Forest Management planning and the Trees for Tomorrow program.
CARRIED
21. REVISIONS TO REGION PARKING
CONTROL RESTRICTIONS (2.17)
David Porretta, Supervisor Traffic
Operations delivered a PowerPoint presentation regarding the Revisions to
Region Parking Control Restrictions.
There was brief discussion regarding the
Regional Parking By-law R-1102-96-100 and the general provisions.
It was suggested that if there are any
further concerns with respect to parked vehicles on Regional Roads within
Markham to advise the Traffic staff and they will further investigate.
Moved by Mayor Frank Scarpitti
Seconded by Regional Councillor Jim Jones
1) That the presentation by David
Porretta, Supervisor Traffic Operations entitled “Revisions to Region Parking
Control Restrictions” be received.
CARRIED
22. MILLIKEN MILLS WORKSHOP FOLLOW-UP
EXPANSION PROPOSAL (3.0)
Report Attachment
Mary Creighton, Director Recreation delivered
a PowerPoint presentation regarding the Milliken Mills Workshop Follow Up –
Expansion Proposal.
Joel Lustig, Treasurer delivered a PowerPoint
presentation regarding the Milliken Mills Expansion Proposal outlining the
funding options.
There was discussion regarding the funding
options used for the expansion at Angus Glen Library.
Moved by Mayor Frank Scarpitti
Seconded by Councillor Colin Campbell
1) That the report titled
“Milliken Mills Workshop Follow Up - Expansion Proposal” be received for
information; and
2) That Council direct
staff to complete a Feasibility Review in 2013 to determine the scope of
changes to Milliken Mills Community Centre & Library for recreation and
library services; and,
3) That based on the outcome of the
Feasibility Review that consideration be given to the following timelines:
Design Phase to be initiated in 2014/15 and Construction between 2015 to 2017;
and,
4) That Staff report back in spring 2013
on the result of a Feasibility Review and implementation plan; and,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
NEW BUSINESS
There was
no new business.
23. IN-CAMERA MATTERS
Moved by Regional
Councillor Jim Jones
Seconded by Deputy
Mayor
That the November 5, 2012 General Committee in-camera
and restricted agendas be referred directly to the November 13, 2012 Council
meeting.
1) Personal matters about an identifiable
individual, including municipal or local board employees.
2) Labour relations or employee
negotiations (RESTRICTED)
3) The security of the property of the
municipality or local board.
4) A proposed or pending acquisition or
disposition of land by the municipality or local board.
CARRIED
ADJOURNMENT
The General Committee meeting adjourned at 3:08 p.m.