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                                                                                                                           M I N U T E S

FINANCE & ADMINISTRATIVE COMMITTEE

2004-08-30

Meeting No. 14

 

Attendance

 

Chair:                  Councillor S. Daurio

Vice-Chair,

    Budget            Councillor D. Horchik

Members:            Reg. Councillor J. Heath

                           Councillor J. Virgilio

Others:                Mayor D. Cousens

                           Reg. Councillor J. Jones (9:15am)

                           Councillor G. McKelvey

                           Councillor J. Webster (9:35am)

 

J. Livey, Chief Administrative Officer

C. Conrad, Town Solicitor

J. Sales, Commissioner of Community &

            Fire Services

A. Taylor, Commissioner of Corporate Services

J. Baird, Commissioner of Development Services

P. Miller, Deputy Clerk

B. Cribbett, Treasurer

A. Brown, Director of Engineering

P. Loukes, Director, Operations & Asset

            Management

J. Lustig, Director, Financial & Client Services

O. Bar-Moshe, Assistant Town Solicitor

R. Dominico, Manager of Corporate Strategy

            & Quality

T. Lambe, Manager, Policy & Research

F. Wong, Manager, Financial Planning

J. Nelson, Manager of Development Finance

M. Urquhart, Senior Planner, Markham Centre

B. Nanninga, Executive Assistant to Mayor

            and Council

J. Kee, Committee Clerk

 

The Finance & Administrative Committee convened at the hour of 9:05 a.m. with Councillor

S. Daurio in the Chair. 

 

 

DISCLOSURE OF INTEREST

 

Councillor J. Virgilio declared an interest with respect to the Ontario Municipal Board appeal relating to 34 Alanadale Avenue by nature of representing the potential purchaser of the property, and did not take part in the consideration of, or vote on the question of approval of this matter.

 

1.         CHARMCHI - 77 JOHN STREET - ONTARIO
MUNICIPAL BOARD - APPEAL - COMMITTEE OF
ADJUSTMENT FILE NOS. A/12/04 AND A/13/04 (10.12 & 13.13)

 

Moved by Mayor D. Cousens

Seconded by Regional Councillor J. Heath

 

That the Town Solicitor be instructed to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment's decision refusing variance applications respecting 77 John Street, Thornhill;

 

And that this recommendation be made public, subject to Council authorizing the above.

 

CARRIED

 

 

 

2.         HEATHER COX - 34 ALANADALE AVENUE
ONTARIO MUNICIPAL BOARD - APPEAL - COMMITTEE
OF ADJUSTMENT FILE NOS. A/12/04, A/33/04, A/34/04 (10.12 & 13.13)

 

Councillor J. Virgilio declared an interest with respect to the Ontario Municipal Board appeal relating to 34 Alanadale Avenue by nature of representing the potential purchaser of the property, and did not take part in the consideration of, or vote on the question of approval of this matter.

 

Moved by Mayor D. Cousens

Seconded by Regional Councillor J. Heath

 

That the Town Solicitor be instructed to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment decision refusing severance and variance applications respecting 34 Alanadale Avenue, Markham;

 

And that this report be made public, subject to Council authorizing the above.

CARRIED

 

 

 

3.         TOMMASO AND ROSA SERVIDONE - 34 MCKENNON
STREET - ONTARIO MUNICIPAL BOARD - APPEAL
COMMITTEE OF ADJUSTMENT FILE NO. A/56/04 (10.12 & 13.13)

 

Moved by Mayor D. Cousens

Seconded by Regional Councillor J. Heath

 

That the Town Solicitor be instructed to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment's decision refusing a variance application respecting 34 McKennon Street, Markham;

 

And that this report be made public, subject to Council authorizing the above.

CARRIED

 

 

 

4.         DEVELOPMENT CHARGE UPDATE (7.11)    Weblink    1

 

Ms. B. Cribbett, Treasurer, and Ms. J. Nelson, Manager of Development Finance, distributed material and gave an update presentation on Development Charges.

 

In addition, Committee had before it for consideration the report entitled "Development Charge Update", dated August 30, 2004, and the report entitled "Development Charge - Final Consultation", dated August 30, 2004.

 

Committee expressed concerns relating to the following matters and requested that staff provide additional information to the meeting of Committee of the Whole on August 31, 2004:

 

            - Treasurer to prepare calculation between credit option and exemption option;

            - calculate differential charge per hectare between exemption option and no exemption;

- research difference between City of Vaughan non-residential charge and Markham;

- staff prepare a recommendation to Province requesting: 1) development charges for

            hospitals; 2) more flexibility in allocating costs; 3) inclusion of cultural sites; and

            4) no 10% mandatory discount for soft services.

 

During consideration of this matter, Committee convened In-Camera to discuss legal issues.

 

**Moved by Mayor D. Cousens

Seconded by Councillor J. Virgilio

 

That the report and presentation on the "Development Charge Update" be received;

 

And that the summary responses to the comments from the public and the development community be received for information;

 

And that the policy exempting non-residential additions and expansions from Town Wide Hard and Area Specific development charges for properties that paid lot levies prior to 1991 be continued;

 

And that a policy exempting additions or expansions for business office up to 50% of the original floor space, similar to the mandatory industrial exemption, be approved;

 

And that the Option 4 development charge exemption endorsed at the public meeting on August 3 include an additional qualifying criteria that the exemption be subject to the provision that an application for recognition of the exemption be made on or before September 1, 2005, be deferred and referred to the August 31, 2004 meeting of Committee of the Whole for additional information;

 

And that the residential Town-wide hard development charge for Apartment Units - 2 or More Bedrooms - be reduced to $1,516 and subsequently indexed in accordance with the Development Charges Act, 1997;

 

 

And that the revised Town Wide Soft, Town Wide Hard and Area Specific development charges, as amended, be brought forward for approval to the August 31, 2004 Council Meeting;

 

And an exemption to non- residential properties that paid lot levies prior to November 1991 and remaining in the ownership of the original benefiting owner (Option 4 endorsed at the public meeting on August 3rd) be brought forward for approval to the August 31, 2004 Council Meeting be deferred and referred to the August 31, 2004 meeting of Committee of the Whole;

 

And that the public be advised of the proposed amendments to the Town Wide Soft, Town Wide Hard and Area Specific Development Charge By-laws at the second Public Meeting on August 31, 2004;

 

And that no further public meeting, after August 31, 2004, is required under Section 12 of the Development Charges Act;

 

And that Council approve the development charge background study prepared by Hemson Consulting Ltd. Dated July 2004, as amended, subject to these recommendations;

 

And that it is the intent of Council to meet the increased need for services resulting from the anticipated development through the implementation of the amended capital program attached;

 

And that Council recognizes that there are operating costs associated with the implementation of the capital program; and

 

And that the Town of Markham Development Charge By-laws, as amended, be brought forward to the August 31, 2004 Council Meeting for adoption by Council.

CARRIED

 

______________________________________________________________________________

 

**Amended by Council at its meeting held August 31, 2004 to delete the above in its entirety and substitute the following:

 

"That appreciation and congratulations be extended to the following staff members for their extraordinary effort in the preparation of the proposed new Development Charge By-laws:

 

Jim Baird

Ophir Bar-Moshe

Al Brown

Barb Cribbett

Sue Lau

Joel Lustig

Jennifer Nelson

Andy Taylor;

 

And that the presentation by the Treasurer clarifying the financial implications of Option 4 Development Charge exemption for non-residential properties, be received;

 

And that the report and presentation to the August 30, 2004 Finance and Administrative Committee on the "Development Charge Update" be received;

 

And that the summary responses to the comments from the public and the development community be received for information;

 

And that the policy exempting non-residential additions and expansions from Town Wide Hard and Area Specific development charges for properties that paid lot levies prior to 1991 be continued;

 

And that a policy exempting additions or expansions for business office up to 50% of the original floor space, similar to the mandatory industrial exemption, be approved;

 

And that the Option 4 development charge exemption endorsed at the public meeting on August 3 include an additional qualifying criteria that the exemption be subject to the provision that an application for recognition of the exemption be made on or before September 1, 2005;

 

And that the residential Town-wide hard development charge for Apartment Units - 2 or More Bedrooms - be reduced to $1,516 and subsequently indexed in accordance with the Development Charges Act, 1997;

 

And that the revised Town Wide Soft, Town Wide Hard and Area Specific development charges, as amended, be brought forward for approval to the August 31, 2004 Council Meeting;

 

And that an exemption to non- residential properties that paid lot levies prior to November 1991 and remaining in the ownership of the original benefiting owner (Option 4 endorsed at the public meeting on August 3rd) be included;

 

And that the public be advised of the proposed amendments to the Town Wide Soft, Town Wide Hard and Area Specific Development Charge By-laws at the second Public Meeting on August 31, 2004;

 

And that no further public meeting, after August 31, 2004, is required under Section 12 of the Development Charges Act, 1997;

 

And that Council approve the development charge background study prepared by Hemson Consulting Ltd. dated July 2004, as amended, subject to these recommendations;

 

And that it is the intent of Council to meet the increased need for services resulting from the anticipated development through the implementation of the amended capital program;

 

 

 

 

And that Council recognizes that there are operating costs associated with the implementation of the capital program;

 

And that the Town of Markham Development Charge By-laws, as amended, be brought forward to the August 31, 2004 Council Meeting for adoption by Council;

 

 

 

***Moved by Mayor D. Cousens

Seconded by Councillor J. Virgilio

 

That the report titled "Development Charge - Final Consultation" be received;

 

And that the Town-Wide Hard Special Projects (Streetscaping) Capital Program be reduced by $1,000,000;

 

And that the $1,000,000 reduction in the Town-Wide Hard Special Projects be used to reduce the Town-Wide Hard Non-residential charge, amending the per hectare charge from $64,770 to $63,580.

CARRIED

 

______________________________________________________________________________

 

***Amended by Council to delete the above in its entirety, and substitute the following:

 

That the report titled "Development Charge - Final Consultation" be received;

 

And that the Town-Wide Hard Special Projects (Streetscaping) Capital Program be reduced by $1,000,000;

 

And that the $1,000,000 reduction in the Town-Wide Hard Special Projects be used to reduce the Town-Wide Hard Non residential charge, amending the per hectare charge from $64,770 to $63,580;

 

And that the Town of Markham recommends that the Province of Ontario immediately start a consultative process with the municipal sector to make needed revisions to the Development Charges Act, 1997;

 

And that consideration be given to revising the Development Charges Act 1997 to allow hospitals to resume collecting development charges to finance growth related costs;

 

And that consideration be given to revising the Development Charges Act 1997 to allow a service level standard equivalent to the highest year of the previous ten (10) year period, rather than the average of the previous ten (10) years;

 

 

 

And that consideration be given to revising the Development Charges Act 1997 to eliminate or reduce the 10% mandatory discount on growth related soft services, such as community centres, libraries and parks;

 

And that consideration be given to revising the Development Charges Act 1997 to include cultural or entertainment facilities, including museums, theatres and art galleries;

 

And that consideration be given to revising the Development Charges Act 1997 to allow more flexibility in allocating costs to differing types of development;

 

And that consideration be given to revising the Development Charges Act 1997 to allow municipalities to recover development charge revenue lost when exempt properties (e.g. Crown corporations, schools etc) purchase and develop on land otherwise subject to development charges;

 

And that the principal of “Growth pays for growth” be more clearly reflected in the methodology allowed in the Development Charges Act.

 

 

 

5.         APPOINTMENT OF MEMBERS TO THE MAYOR'S YOUTH
            TASK FORCE FOR THE PERIOD SEPTEMBER 1, 2004
            TO JUNE 30, 2005 (16.24) Weblink              

 

Moved by Regional Councillor J. Jones

Seconded by Mayor D. Cousens

 

That the following appointments to the Mayor’s Youth Task Force be confirmed for the term September 1, 2004, to June 30, 2005:

 

LEGEND:  R - Returning

 

                     Markham                                                                                  Grade

                    R Michelle Ramcharran                High School                              9

                    R Shaun Zafar                              High School                              12

                        Mathew Biskup             High School                              9

                        Jesse Colautti                            Elementary School                    8

                        Ashley Haick                            Elementary School                    8

                        Lukshmi Jayakumar                   Elementary School                    8

 

                    Unionville

                    R Taha Bandukwala                     High School                              12

                    R Kristen Coutts                          High School                              12

                    R Zain Naqi                                 High School                              12

                        Mona Ahmad                            High School                              12

                        David Wang                              High School                              9

                        Timothy Galang             Elementary School                    8

 

                    Milliken                                                                                  

                    R Nicky Sidhu                             High School                              12

                        Shanky Dewett             High School                              12       

                        Aditi Marisetti                           High School                              10

                        Sarah Singh                               High School                              12

                   

                    Thornhill

                    R Sanam Nader                           High School                              12

                    R Ben Bigio                                 High School                              10

                    R Sarah Bleiwas                           High School                              12

                    R Tcheka Nedamat                      High School                              12

                        Elliot Gordon                            High School                              12

                        Henry Ngan                              High School                              12

                        Mitch Reiss                              High School                              11

CARRIED

 

 

 

6.         SUPPLY AND DELIVERY OF GASOLINE AND DIESEL FUEL
            (ITEM 3 PART A B20 BIO-DIESEL FUEL) (7.12.1)     Weblink

 

Moved by Regional Councillor J. Jones

Seconded by Mayor D. Cousens

 

That the report entitled, "Supply and Delivery of Gasoline and Diesel Fuel (Item 3 Part A B20 Bio-Diesel Fuel)" be received;

 

And that Item 3 Part A (Supply & Delivery of B20 Bio-diesel Fuel) tender 228-T-03, Supply and Delivery of Gasoline and Diesel Fuel, York Region Buyers Co-operative CT-03-11 be awarded to the lowest acceptable bidder, Bio-Diesel Canada Inc.;

 

And that the term of the contract shall be for one (1) year commencing May 1, 2004 with an option to renew for two additional one year periods subject to satisfactory performance and approval of the Region of York and the participating members of the Co-op;

 

And that the Director of Operations and Asset Management and the Director of Financial & Client Services be authorized to extend the contract for an additional two one year terms at a unit price to be mutually agreed upon with the vendor and York Region;

 

And further that funds are provided for within the Operations Department's Operating Account 750 752 4307 (Bio Diesel) in the amount of $15,000 inclusive of all taxes.

CARRIED

 

 

 

 

7.         PERMIT PARKING - INVERLOCHY BOULEVARD (2.17) Weblink

 

Committee directed staff to prepare a report for the next Transportation Committee on on-street and overnight parking in new subdivisions, such as Cornell.

 

Moved by Regional Councillor J. Heath

Seconded by Councillor G. McKelvey

 

That the monthly administration fee, to be payable to the Cooperative Homes Inc. Thornhill Green for the issuance of parking permits on Inverlochy Boulevard, be set at $20 per permit;

 

And that staff be delegated the authority to negotiate and set parking administrative fees with third parties;

 

And further that staff be requested to prepare a report for the next Transportation Committee on on-street and overnight parking in new subdivisions; such report to include an update on the current status and criteria to be considered.

CARRIED

 

 

 

8.         GEL DON INVESTMENTS - LAND ACQUISITION FOR
            TENBURY TURNING CIRCLE AND PART LOT CONTROL
            EXEMPTION BY-LAW - BLOCKS 78 AND 82 AND PART OF
            BLOCKS 79, 80 AND 81, REGISTERED PLAN 65M-2497(8.6 & 10.0)    Weblink

 

Moved by Regional Councillor J. Jones

Seconded by Mayor D. Cousens

 

That Council authorize the enactment of a part lot control exemption by-law for all of Block 78 and 82 and part of Blocks 79, 80 and 81 on Registered Plan 65M-2497;

 

And that Council authorize the acquisition of land for a portion of the terminus of Tenbury Drive, legally described as part of Block 82 on Registered Plan 65M-2497, designated as Parts 15 and 17 on a reference plan to be registered, for nominal consideration.  Acquisition will be subject to an environmental clearance, to the satisfaction of the Director of Engineering and in a form satisfactory to the Town Solicitor;

 

And that adoption of the part lot control exemption by-law shall be conditional upon conveyance of the required portion of the Tenbury Drive Circle to the Town, to the satisfaction of the Town Solicitor.

CARRIED

 

 

 

 

 

9.         PURCHASE OF SPONSORSHIPS - "CASABLANCA"
            YORK CENTRAL HOSPITAL FOUNDATION
            NOVEMBER 5, 2004 (12.2.6)     Weblink

 

Committee discussed the current status of the 2004 Council Table Promotion budget, and it was suggested that the Grant Committee review the matter of funding of sponsorships for the remainder of 2004.  The Executive Assistant to the Mayor and Council was requested to provide a list of events that the Town commits to annually.

 

Moved by Mayor D. Cousens

Seconded by Regional Councillor J. Jones

 

That Council purchase a bronze sponsorship in the amount of $3,000 for the York Central Hospital Foundation for "Casablanca" Gala on November 5, 2004 at LeParc, Markham;

 

And that such funds be charged to the Corporate Contingency Account.

CARRIED

 

 

 

10.       PURCHASE OF SPONSORSHIPS - "REMEMBER WHEN"
            2004 CALENDAR AND CASINO NIGHT - LEPARC
            FRIDAY, OCTOBER 15, 2004 (12.2.6) Weblink

 

Moved by Mayor D. Cousens

Seconded by Councillor J. Virgilio

 

That Council purchase a Calendar Platinum Sponsorship in the amount of $5,000 for the Brick by Brick Union Villa Fundraising Campaign in support of "Remember When" 2004 Calendar and Casino Night.

 

And that such funds be charged to the Corporate Contingency Account.

CARRIED

 


 

____________________________________________________________________________

 

Other matters considered by Finance & Administrative Committee on August 30, 2004:

 

 

 

11.       2004 SECOND QUARTER INVESTMENT
            PERFORMANCE REVIEW (7.0)     Weblink

 

Moved by Regional Councillor J. Jones

Seconded by Mayor D. Cousens

 

That the report dated August 30, 2004 entitled "2004 Second Quarter Investment Performance Review" be received.

CARRIED

 

 

 

12.       RESULTS OF 2004 STAFF SATISFACTION SURVEY (12.0) Weblink

 

The Chief Administrative Officer provided highlights of the results of the fourth staff satisfaction survey which was administered in May and June of 2004.

 

Moved by Regional Councillor J. Jones

Seconded by Councillor J. Webster

 

That the report "Results of 2004 Staff Satisfaction Survey" be received.

CARRIED

 

 

 

13.       PURCHASE OF SPONSORSHIPS - CHARLES SAURIOL
            ENVIRONMENTAL LAND TRUST DINNER
            THURSDAY, NOVEMBER 4, 2004 (12.2.6) Weblink

 

Moved by Mayor D. Cousens

Seconded by Councillor D. Horchik

 

That Council receive the information regarding the Charles Sauriol Environmental Land Trust Dinner on Thursday, November 4, 2004 to be held at Pearson Convention Centre, Brampton, Ontario.

CARRIED

 

 

 

 

 

14.       PURCHASE OF SPONSORSHIPS - 8TH ANNUAL CHILDREN'S
            CHAMPION GALA FOR THE YORK REGION ABUSE
            PROGRAM "CASABLANCA" LEPARC
            FRIDAY, OCTOBER 22, 2004 (12.2.6) Weblink

 

Moved by Councillor J. Virgilio

Seconded by Mayor D. Cousens

 

That Council receive the request for sponsorship from Sue Flanagan, the Chair of the 2004 Gala Committee in support of the 8th Annual Children's Champion Gala for the York Region Abuse Program.

CARRIED

 

 

 

15.       PURCHASE OF SPONSORSHIPS - 2ND ANNUAL CANADIAN
            CRIME VICTIM FOUNDATION - DELTA CHELSEA INN
            FRIDAY, SEPTEMBER 24, 2004 (12.2.6) Weblink

 

Moved by Councillor J. Virgilio

Seconded by Councillor G. McKelvey

 

That Council receive the request for sponsorship of the 2nd Annual Canadian Crime Victims Foundation Gala Appreciation & Fundraising Dinner on Friday, September 24, 2004 at the Delta Chelsea Inn, Downtown, Toronto.

CARRIED

 

 

 

16.       PURCHASE OF SPONSORSHIPS - IF I HAD A MILLION
            DOLLARS GALA DINNER - DECEMBER 2, 2004 (12.2.6) Weblink

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That Council receive the invitation to purchase a sponsorship to the Million Dollars Gala Dinner on Thursday, December 2, 2004.

CARRIED

 

 

 

 

 

 

 

 

 

17.       SWAN LAKE VILLAGE - TASK GROUP FOR FAIR
TAXATION AND DELIVERY OF MUNICIPAL SERVICES
(7.0 & 12.2.6)

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor J. Jones

 

That the undated letter from Chairman of the Swan Lake Group & The Association of Markham Village and Townhouse Condominiums requesting the formation of a Task Group to report to the Finance & Administrative Committee, and also requesting that current concerns of Swan Lake and other condominium owners with respect to services provided by the Town of Markham to residential property owners be addressed, be received.

CARRIED

 

 

 

18.       PROPOSAL FOR MURAL & FUNDING REQUEST
MAIN STREET MARKHAM COMMITTEE (16.39 & 7.0)

 

Councillor G. McKelvey advised Committee of a proposal from the Main Street Markham Committee for the placement of a mural on private property. 

 

Moved by Councillor D. Horchik

Seconded by Mayor D. Cousens

 

That the email dated August 21, 2004 from Councillor George McKelvey regarding proposal from the Main Street Markham Committee for a mural to be placed on the south side of the building on the north-east corner of Church Street and Main Street Markham, be received.

 

CARRIED

 

 

 

19.       DEVELOPMENT CHARGE BY-LAW
            REQUEST FOR GRANDFATHERING
            BRATTY AND PARTNERS (7.11)

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

 

That the letter dated August 27, 2004 from Barry Horosko, Bratty and Partners, Barristers and Solicitors, on behalf of 2015776 Ontario Inc. (Liberty Development Corporation), requesting Council's consideration to "grandfather" the existing Development Charge rates for an office building at the intersection of Highway 7 and South Town Centre Boulevard, be received.

 

CARRIED

 

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Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That the meeting resolve in-camera to discuss legal matters. (10:25 a.m.)

CARRIED

 

Moved by Mayor D. Cousens

Seconded by Regional Councillor J. Heath

 

That the Committee rise and report. (10:35 a.m.)

CARRIED

 

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Moved by Regional Councillor J. Jones

Seconded by Councillor G. McKelvey

 

That the meeting resolve in-camera to discuss a legal matter. (10:40 a.m.)

 

CARRIED

 

Moved by

Seconded by

 

That the Committee rise. (11:00 a.m.)

CARRIED

 

 

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ADJOURNMENT

 

The Finance & Administrative Committee meeting adjourned at the hour of 12:15 p.m.

 

 

 

 

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