General
Committee
September 18, 2017
Meeting Number 15
Finance & Administrative Issues Community Services Issues
Chair: Deputy
Mayor Jack Heath Chair: Councillor
Alan Ho
Vice Chair: Councillor
Colin Campbell Vice
Chair: Councillor
Alex Chiu
Environment
& Sustainability Issues Building,
Parks, & Construction Issues
Chair: Councillor
Valerie Burke Chair: Councillor
Colin Campbell
Vice Chair: Councillor
Karen Rea Vice Chair: Regional Councillor
Nirmala Armstrong
Alternate formats are
available upon request.
Attendance
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Andy Taylor, Chief Administrative Officer
Trinela Cane, Commissioner of Corporate Services
Brenda Librecz, Commissioner of Community & Fire Services
Catherine Conrad, City Solicitor and Acting Director of
Human Resources
Joel Lustig, Treasurer
Phoebe
Fu,
Director of Asset Management
Kevin Ross,
Manager Development Finance
Mark
Visser, Senior Manager, Financial Strategy &
Investment
Shane Manson,
Senior
Manager, Revenue & Property Tax
Mary
Creighton, Director of Recreation
Robert
Muir, Manager – Stormwater, Environmental Services
Alida Tari, Council/Committee Coordinator
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The General Committee meeting convened at the
hour of 9:14 AM with Deputy Mayor Jack Heath in the Chair. Councillor Alex Chiu Chaired Community
Services items.
General Committee recessed at 11:36 AM and
reconvened at 11:48 AM.
DISCLOSURE
OF PECUNIARY INTEREST
None disclosed.
1. MINUTES
OF THE JUNE 19, 2017 GENERAL COMMITTEE
AND JULY 11, 2017 SPECIAL GENERAL
COMMITTEE (16.0)
June
19 July
11
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
1) That the minutes of the June 19, 2017
General Committee and July 11, 2017 Special General Committee meetings be
confirmed.
Carried
2. DEVELOPMENT
CHARGES
BACKGROUND STUDY UPDATE (7.0)
Presentation
Kevin Ross,
Manager Development Finance addressed the Committee and provided some opening
remarks with respect to the Development Charges background study.
Mr. Craig
Binning, Partner, Hemson Consulting Ltd., delivered a detailed PowerPoint
presentation providing an update relative to the Development Charges background
study.
The Committee
discussed the following relative to the Development Charges background study:
·
Current trends
for non-residential floor space
·
Single/semi-detached
dwellings – occupancy rate between these dwellings is similar
·
Monitor and
review the proposed threshold of 700 square feet to delineate large and small
apartments
·
Review the 4 storey
classification in the City’s Official Plan of ‘high density’
·
Fire Stations –
consider consolidating fire services within York Region
·
Benefits of
having proposed policy alignment with York Region policy
·
Consider
additional incentives to build affordable housing
Moved by
Councillor Logan Kanapathi
Seconded by Mayor
Frank Scarpitti
1) That
Council endorse the following policies to be utilized in the preparation of the
Development Charges Background Study:
1. That staff be directed
to institute a policy for office space as follows:
- 100% City Wide Soft Development
Charges to be charged for the first 100,000 sq. ft. of gross floor area, with a
reduced charge of 25% City Wide Soft Development Charges on gross floor area
exceeding the threshold.
2. That staff be directed
to remove “The rate that is in effect at the time of payment” from the
Development Charges Deferral Policy as a repayment assessment option.
3. a) That staff update the Development
Charges Deferral Policy to provide a development charge deferral for
purpose-built high density rental buildings with the following terms:
- Rate
and quantum determined at building permit issuance.
- Duration
of 36 months with no interest applied, if paid within 15 days of the deferral
expiration.
- Security
in the form of a charge against land.
- Registration
on title restricting change of use for 20 years.
b) Staff continue to
review other options to make both rental and affordable housing more feasible
in Markham.
Carried
3. YORK REGION
COMMUNICATIONS (13.4)
The
Committee inquired when York Region will be reporting back on the Retail
Business Holidays Act Application. Staff
advised that they will contact York Region staff and follow up. It was suggested that this matter should be
considered on a future General Committee agenda.
Moved
by Mayor Frank Scarpitti
Seconded
by Regional Councillor Joe Li
1) That
the following communications from York Region be received for information
purposes.
-
Highlights
from the June 30, 2017 York Region Council meeting.
-
Letter
dated June 30, 2017 entitled “Retail Business Holidays Act Applications”
-
Letter
dated June 30, 2017 entitled “2016 Annual Update on SM4RT Living Integrated
Waste Management Plan Implementation” (The booklet provided as ‘Attachment 1’
is available at Clerk’s Department)
Carried
4. MINUTES
OF THE MARCH 6, 2017 AND
MAY 8, 2017 MARKHAM SPORT HALL OF FAME
COMMITTEE (16.0)
March
6 May
8
There was brief discussion regarding the difference between Sport Link
and Markham Sport Hall of Fame.
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
1) That the minutes of the March 6, 2017
and May 8, 2017 Markham Sport Hall of Fame Board meetings be received for
information purposes.
Carried
5. MINUTES
OF THE MAY 30, 2017
MARKHAM PUBLIC LIBRARY BOARD (16.0)
Minutes
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
1) That the minutes of the May 30, 2017
Markham Public Library Board meeting be received for information purposes.
Carried
6. MINUTES
OF THE MAY 9, 2017
SENIORS ADVISORY COMMITTEE (16.0)
Minutes
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
1) That the minutes of the May 9, 2017
Seniors Advisory Committee meeting be received for information purposes.
Carried
7. MINUTES
OF THE APRIL 18, 2017
YORK UNIVERSITY MARKHAM CAMPUS
COMMITTEE (16.0)
Minutes
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
1) That the minutes of the April 18, 2017
York University Markham Campus Committee meeting be received for information
purposes.
Carried
8. MINUTES
OF THE MAY 17, 2017
ENVIRONMENTAL ISSUES COMMITTEE
WASTE DIVERSION SUB-COMMITTEE (16.0)
Minutes
Moved
by Regional Councillor Jim Jones
Seconded
by Councillor Don Hamilton
1) That the minutes of the May 17, 2017 Environmental Issues
Committee, Waste Diversion Sub-Committee meeting be received for information
purposes
Carried
9. MINUTES OF THE MAY 1, 2017 AND
JUNE 14, 2017 CANADA 150
INTERNATIONAL
PARTNERSHIP SUB-COMMITTEE
(16.0)
May
1 June
14
Moved by Regional Councillor Jim
Jones
Seconded by Councillor Don
Hamilton
1) That the minutes of the May 1, 2017 and June 14, 2017 Canada
150 International Partnership Sub-Committee meetings be received for
information purposes.
Carried
10. MINUTES OF THE MAY 9, 2017
MARKHAM CEMETERY BOARD (16.0)
Minutes
The
Committee inquired why a wooden fence has been installed at Quantztown
cemetery. Councillor Valerie Burke
requested that the damaged parts of the fence at the Thornhill cemetery be
repaired.
Moved
by Regional Councillor Jim Jones
Seconded
by Councillor Don Hamilton
1) That the minutes of the May 9, 2017 Markham
Cemetery Board meeting minutes be received for information purposes.
Carried
11. APPOINTMENT OF MEMBERS TO THE
MARKHAM MAYOR’S YOUTH COUNCIL
FOR
THE PERIOD OF SEPTEMBER 5,
2017 TO
JUNE 29, 2018 (16.24)
Report
Moved
by Regional Councillor Jim Jones
Seconded
by Councillor Don Hamilton
1) That
the Report Appointment of Members to the Markham Mayor’s Youth Council for the
period of September 5, 2017 to June 29, 2018 be received; and,
2) That
the following Appointments of Members to the Markham Mayor’s Youth Council be
confirmed for the term September 5, 2017 to June 29, 2018:
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Name
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High
School
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Grade
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Ward
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Laura
Florea
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Thornhill Secondary School
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10
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1
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Julia Groza
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TMS School
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11
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1
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Michelle
Lam
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Bayview Secondary School
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11
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2
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Ivan
Qian
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Bayview Secondary School
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11
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2
|
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Ashlee Jiang
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PACE
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12
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2
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Julia Ip
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Markham District High
School
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12
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3
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Megan Niu
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Markham District High
School
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12
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3
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Adara
Hagman
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St. Brother Andre Catholic
High School
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9
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4
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Maxine Bisera
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St. Brother Andre Catholic
High School
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9
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4
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Peter Huang
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Pierre Elliott Trudeau
High School
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12
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4
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Olivia Chan
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Greensborough Public
School
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8
|
4
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Jake Koszczewski
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Markham District High
School
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11
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4
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Hayley Banks
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Markham District High
School
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12
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4
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Grace Huang
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Bayview Secondary School
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11
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5
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Vivian Liu
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Thornhill High School
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11
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5
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Benny Lam
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Bur Oak Secondary School
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12
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5
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Kelly
Hu
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Bayview Secondary School
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10
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6
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Renee
Lee Wah
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St Augustine Catholic High
School
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11
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6
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Felix Chan
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Pierre Elliott Trudeau
High School
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12
|
6
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Karthik Ganapathiraju
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Pierre Elliot Trudeau High
School
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11
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6
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Janice Xu
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Bayview Secondary School
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11
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6
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Jessica Li
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Bayview Secondary School
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12
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6
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Jennifer Chen
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Markham District High
School
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12
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7
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Lindsay Lee
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Markham District High
School
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12
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7
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Ashley Vadivelu
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Markville Secondary School
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10
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8
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; and,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
12. CANCELLATION,
REDUCTION OR REFUND
OF TAXES UNDER SECTIONS 357 AND 358
OF THE MUNICIPAL ACT, 2001 (7.3)
Report
Shane Manson, Senior Manager,
Revenue & Property Tax addressed the Committee and summarized the details
outlined in the report.
Mr. Edward Skrobal, Markham SportsDome addressed the Committee
regarding Item #12 “Cancellation, Reduction or Refund of Taxes Under Sections
357 and 358 of the Municipal Act, 2001” requesting a refund of property taxes
from the City of Markham of approximately $128,606 for the Sports Dome located
on the Father Michael McGivney Catholic Academy property. He believes that the assessment and
classification issued by The Municipal Property Assessment Corporation (MPAC)
is a factual error that has required the obligation of taxes that should never
have been levied by the City for the taxation years of 2015 and 2016.
There was considerable
discussion regarding whether the City of Markham has the authority to grant a tax exemption for the 2015, 2016 and
part of the 2017 taxation years for the portion of the property at 5300 14th
Avenue also known as Father Michael McGivney Catholic Academy occupied by the
Sports Dome. Staff pointed out that the
request by Mr. Skrobal does not meet any of the criteria under Section 358 of
the Municipal Act, 2001, as a result staff are recommending that the
City not refund the taxes levied on the property for 2015, 2016 and part of
2017.
Mr. Adam McDonald, Senior Planner,
Planning Services, York Catholic District School Board (YCDSB) addressed the
Committee confirming that the YCDSB adopted a resolution on March 28, 2017
granting the portion of the property occupied by the Dome a School Capital
Facility and exempting it from all property taxes as of the date of passing the
resolution.
Mr. Stephen Longo, Partner,
WalkerWestLong addressed the Committee regarding the request for tax refund
from the City for the 2015, 2016 and part of 2017 taxation years for the
property known as Father Michael McGivney Catholic Academy for the portion of
the land occupied by the Sports Dome. He
believes that the approach taken by MPAC in assessing the Sports Dome as a
commercial property was an inconsistent approach and believes that their application
meets the criteria under Section 358 of the Municipal Act, 2001 and that
the City has the authority to refund the 2015 and 2016 taxes due to “clerical
errors.”
The Committee suggested that
this matter be referred directly to the September 26, 2017 Council
meeting. It was suggested that staff
provide the following information at the Council meeting: the letter submitted by Mr. Longo on behalf
of Mr. Skrobal; comparison of rates from the Sports Dome at Father Michael
McGivney Catholic Academy versus other Sports Domes in Markham; the amount
being requested to refund and further clarification on Sections 110 (16); and
358 of the Municipal Act.
Moved
by Councillor Don Hamilton
Seconded
by Councillor Logan Kanapathi
That the following recommendation be referred
directly to the September 26, 2017 Council meeting:
1) That the Report for the Cancellation, Reduction or Refund of
Taxes under Sections 357 and 358 of the Municipal
Act, 2001 be received; and,
2) That taxes totalling approximately $71,979.01 be adjusted
under Section 357 and 358 of the Municipal
Act, 2001 of which the City’s portion is estimated to be $11,180.27;
and,
3) That the associated interest be cancelled in proportion to
the tax adjustments; and,
4) That the Treasurer be directed to adjust the Collector’s
Roll accordingly; and further,
5) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
13. FLOOD CONTROL AND WATERMAIN
PROJECTS – CLEAN WATER AND
WASTEWATER FUND (CWWF) (5.4)
Report
Moved
by Regional Councillor Jim Jones
Seconded
by Councillor Don Hamilton
1) That
the Report entitled “Flood Control and Watermain Projects – Clean Water and
Wastewater Fund (CWWF)” be received; and,
2) That
the funding sources for Capital Project #17201 - West Thornhill Flood Control
Implementation - Phase 2B with a budget of $10,117,600 be revised as follows
based on a 50% - 25% - 25% shared funding structure with the Government of
Canada, Province of Ontario and City of Markham respectively:
|
CWWF:
Government of Canada (50%) (A)
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$5,058,800
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CWWF:
Province of Ontario (25%) (B)
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$2,529,400
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CWWF
Total (C ) = (A) + (B)
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$7,588,200
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City’s
Portion (25%):
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Funding from
Project # 17201
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|
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Gas Tax (D)
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$2,000,000
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Stormwater
Fee Reserve (E)
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$529,400
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Total City’s
Portion (F) = (D) + (E)
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$2,529,400
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Total
Funding (G) = (C ) + (F)
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$10,117,600
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; and,
3) That
the previously approved funds from Capital Project #17201 West Thornhill Flood
Control Implementation Program – Phase 2B Construction in the amount of $7,588,200
of which $6,550,200 from the Stormwater Fee Reserve and $1,038,000 from the
Lifecycle Replacement and Capital Reserve Fund be returned to the original
funding sources; and,
4) That
the City of Markham approve the undertaking of a new infrastructure project
“Cast Iron Watermain Replacement/ Rehabilitation Program” for a total cost of $4,119,900.00, based on a 50% - 25% -
25% shared funding structure with the Government of Canada, Province of Ontario
and City of Markham respectively, to be funded from the following sources:
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CWWF:
Government of Canada (50%) (A)
|
|
$2,059,950
|
|
CWWF:
Province of Ontario (25%) (B)
|
|
$1,029,975
|
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CWWF
Total (C) = (A) + (B)
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|
$3,089,925
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City’s
Portion (25%):
|
|
|
|
Waterworks
Reserve (D)
|
|
$1,029,975
|
|
Total
Funding (E) = (C) + (D)
|
|
$4,119,900
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; and,
5) That
a new capital project in the amount of $4,119,900 be established to undertake
the work for the Cast Iron Watermain Replacement/ Rehabilitation Program; and,
6) That
the Mayor and Clerk be authorized to execute the Clean Water and Wastewater
Fund (Ontario) Transfer Payment Agreement (TPA) (and any related documents), in
a form and content satisfactory to the City Solicitor and the Commissioner of
Community & Fire Services, and that the Commissioner of Community & Fire
Services (or designate) be authorized to act as an authorized signing officer
for the City under the TPA (including for the purpose of submitting required
TPA reports and confirmations); and,
7) That
the Chief Administrative Officer (CAO) be delegated authority to award (and
execute) the construction contract for the Cast Iron Watermain Replacement/
Rehabilitation work to the successful bidder, provided that the contract award
amount is within budget or can be made to come within budget through selected
scope changes and/or corresponding price adjustments and/or budget allocation
changes; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
14. CONTRACT EXTENSION FOR GENERAL INSURANCE
AND RISK MANAGEMENT PROGRAM
(7.0)
Report
There was
brief discussion regarding whether the City should RFP again to ensure that
they are receiving the lowest price.
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the report “Contract Extension for General Insurance and Risk Management Program”
be received; and,
2) That
contract for General Insurance and Risk Management Program be extended for a
further one-year term from January 1, 2018 to January 1, 2019 to Jardine Lloyd
Thompson for the amount of $1,105,402 (inclusive of PST, exclusive of annual
asset changes related to the property and automotive portfolios and coverage
changes); and,
3) That
the Treasurer be authorized to extend the contract for General Insurance and
Risk Management Program for five further one-year terms (2019 to 2023) provided
that it is in the best interest of the City and the premium increase per year
does not exceed 5% of the cost of the previous years' insurance program,
exclusive of annual asset changes related to the property and automotive
portfolios and coverage changes; and,
4) That
the Treasurer be further authorized to approve all annual asset changes related
to the property and automotive portfolios and coverage changes 2018 to 2023;
and,
5) That
in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1)(c),
Non-Competitive Procurement, whereby “When the extension of an existing
contract would prove more cost-effective and beneficial”, the tendering process
be waived; and,
6) That
this award be funded from the annual 2018 Operating Account 840-846-5555
Insurance Premium as shown in the financial consideration section, subject to
Council approval of the 2018 operating budget; and,
7) That
any net annual budget surplus from the City’s Insurance premium and deductible
operating accounts be transferred to the Insurance Reserve; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
15. JUNE – JULY 2017 STORM EVENTS REVIEW
AND FOLLOW-UP ACTIVITIES (5.3)
Report Presentation
Robert Muir,
Manager – Stormwater, Environmental Services delivered a PowerPoint
presentation providing a review and follow up of activities relative to June
and July 2017 Storm Events.
The Committee
thanked staff for all their work in accelerating this program; waste management
staff for extra garbage pick up and operation staff.
The Committee
discussed the following relative to June-July 2017 Storm Events review and
follow-up activities:
· Flood calls received by the City – how are they dealt with
· Benefits of the proposed private property protection program
· Potential rebates with the private property protection program
· Ensure that rebates will be retroactive to 2017
· Importance of a good communication plan to ensure that residents are
fully aware of the City’s program
· Information tracking of complaints received
· Flood proofing at the City Community Centres
· Changes to the building code relative to sanitary and storm water
sewers
Moved by Mayor
Frank Scarpitti
Seconded by
Deputy Mayor Jack Heath
1) That
the report and presentation entitled “June-July 2017 Storm Events Review and
Follow-up Activities” be received; and,
2) That
Council pre-approve the 2018 Capital Budget request, project #18273 “Flood
Control Remediation – Study” in the amount of $1,274,000 to be funded in the
amount of $1,109,000 from the Stormwater Fee Reserve and the remaining balance
of $165,000 from the Waterworks Reserve; and,
3) That
Council pre-approve the 2018 Capital Budget request, project #18281 “Sanitary
System Downspout Disconnection Program – Phase 6” in the amount of $250,000 to
be funded from the Waterworks Reserve; and,
4) That
staff bring forward the corresponding
Capital Budget Request Forms for each of the pre-approved projects as part of
the 2018 Capital Budget process; and,
5) That
Council approve the expansion of the Phase 5 Sanitary System Downspout
Disconnection Program to include additional areas in Royal Orchard Blvd/
Romfield Circuit, Willowbrook Road, Markham Village between Church St and
Paramount Road to be funded from existing capital project #17221 “Sanitary
System Downspout Disconnection Program – Phase 5”; and,
6) That
staff report back on a proposed interim Private Property Plumbing Protection
Program including backwater valve and sump pump subsidy program for high risk
areas, which will include program criteria, budget requirements, funding source,
communication plan and any potential rebate
program with consideration to retroactive payment to 2017; and
further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
16. NEW/OTHER BUSINESS
MULTI-FAITH CALENDAR (16.0)
Councillor Valerie Burke addressed the Committee requesting that staff
review our policy and provide a briefing note on how to raise the awareness throughout
the Corporation about the importance of trying to avoid scheduling City events on
significant religious holidays.
17. CONFIDENTIAL ITEMS
Moved by Councillor Alex Chiu
Seconded by Mayor Frank Scarpitti
That, in accordance with Section 239 (2) of
the Municipal Act, General
Committee resolve into a confidential session to discuss the following matters
(1:33 PM):
(1) GENERAL COMMITTEE
CONFIDENTIAL MINUTES – JUNE 19, 2017 (16.0)
[Section 239 (2) (b) (c) (f)]
General
Committee confirmed the confidential meeting minutes from June 19, 2017.
(2) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 2) (8.6)
[Section 239 (2) (c)]
General Committee consented to place this on
the September 26, 2017 Council agenda for consideration.
Carried
Moved by Councillor Alex Chiu
Seconded by Mayor Frank Scarpitti
That the General Committee rise from the
confidential session 2:12 PM.
Carried
Adjournment
Moved by Councillor Alex Chiu
Seconded by Councillor Don Hamilton
That the General
Committee meeting adjourn at 2:12 PM.
Carried