GENERAL COMMITTEE
October 19, 2009
Meeting
No. 21
Finance & Administrative
Issues Community
Services Issues
Chair: Reg.
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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J. Livey, Chief
Administrative Officer
C. Conrad, Town
Solicitor
A. Taylor,
Commissioner of Corporate Services
B. Librecz, Commissioner
of Community & Fire Services
J. Baird,
Commissioner of Development Services
P. Alexander, Acting
Deputy Fire Chief
B. Cribbett,
Treasurer
D. Decker, Acting Deputy
Fire Chief
P. Ingham, General
Manager, Operations
M. Ingwersen, District Manager, Operations
I. Kutter, Auditor
General
S. Laing, Director
of Human Resources
P. Loukes, Director,
Operations
J. Lustig, Director
of Financial and Client Services
S. Matunin, Supervisor of Horticulture
B. Snowball, Fire
Chief
J. Taylor, Senior Employee and Labour
Relations Specialist
T. Weatherill, Assistant
to Council Committee Secretary
B. Wiles, Manager,
Enforcement and Licensing
K. Bavington,
Committee Clerk
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The General Committee convened at the hour of 9:00 a.m. with Regional Councillor
J. Virgilio in the Chair.
1. MEMBERSHIP
SERVICE AWARD
ASSOCIATION OF MUNICIPALITIES
CLERKS AND TREASURERS (13.12.1)
Letter
Ms. Tannis Weatherill, Assistant to
Committee/Council, was recognized for receiving the “Membership Service Award” from the
Association of Municipal Managers, Clerks and Treasurers of Ontario for her 20
year commitment to the Association and to the municipal profession.
The Commissioner of Corporate Services introduced
Ms. Weatherill, stating that she has been a valued Markham employee for 24
years, and is a cornerstone in the Clerk’s Department with respect to agenda
preparation and many other functions.
The Committee recognized Ms. Weatherill’s
dedication and contribution to the Town of Markham, and congratulated her on
receiving this award.
2. DEPUTATION,
MR. B. DAWSON
190 MAIN
STREET, UNIONVILLE (2.0)
Moved by
Councillor D. Horchik
Seconded by Councillor J. Webster
That the Committee consents to a deputation
regarding a new agenda item, the use of 190 Main Street, Unionville.
CARRIED
Mr. B. Dawson, 209
Main Street Unionville, made a deputation regarding the use of 190 Main Street
Unionville as a temporary by-election campaign headquarters, contrary to the
uses permitted in the zoning by-law. Mr. Dawson had earlier sent an e-mail to
all members of Council explaining the issues, and he now advised that the sign violation
has been resolved and the sign has been removed. The current by-law restricts
the use of the property to defined retail uses, and he suggested that allowing
the current use to continue is not fair to the previous tenants who had not
been permitted to operate their non-complying businesses.
The Committee and
staff discussed permitted and temporary uses. Staff advised that in the past, temporary
uses for election purposes have been allowed in zones where it is not generally
permitted, with the justification that the temporary use is in the public
interest, for the public good. The By-laws have not always been enforced in the
past, because it would be very difficult to obtain a comprehensive zoning amendment
for immediate short term use.
Mr. B. Wiles,
Manager of Enforcement and Licensing, advised that the matter is being investigated and the tenant is being
contacted. If the violation is confirmed, the next step would be to visit the
property and issue an Order to Comply, which requires that the property be
brought into conformity within 30 days. If the tenant pursues remedies such as
a Minor Variance, an extension to the order could be considered.
The Committee
cautioned that this matter should not be elevated to become an election issue,
and acknowledged that the timing of the by-election would cause the improper
use to cease in approximately 30 days. Since the tenant has been made aware of
the violation, the onus is on him to discontinue
the use or not.
It was debated
whether to ensure all candidates are acting within the law, or to continue past
practices to permit temporary non-compliance. Similar situations during past
elections, as well as charity uses and model homes, have been permitted on a
temporary basis and it would be difficult to manage every case.
Staff confirmed
that they will proceed with an Order to Comply if the property is found to be
in non-compliance and if the tenant does not voluntarily bring it into
compliance. Procedural matters and discussions with the tenant will be pursued.
The Committee requested
that an update from staff be provided at the General Committee meeting
scheduled for October 26, 2009. Information was also requested regarding the
past practices of Markham and other jurisdictions, in preparation for the 2010
election. An education program for future candidates may be useful.
Moved by Deputy
Mayor J. Hath
Seconded by
Councillor E. Shapero
1) That
the deputation by Mr. B. Dawson, regarding the use of 190 Main Street
Unionville as a temporary by-election campaign office, be received.
CARRIED
3.
AUDITOR GENERAL
OVERTIME AND ATTENDANCE
MANAGEMENT AUDIT REPORT (6.7)
Oct
5 Presentation Sept
22 Report Auditor
Report Oct
19 Presentation
The General
Committee had received the Auditor General’s report on Overtime and Attendance
Management on October 5, 2009, and deferred the recommended action plan and
directions to staff, to the General Committee meeting on October 19, pending
further information from staff.
Sharon Laing,
Director of Human Resources, gave a presentation regarding management’s
response to the Auditor General’s report. Ms. Laing reviewed the highlights of
the overtime and attendance management report, and the short, mid, and
long-term improvement opportunities, indicating that a significant investment
is technology may be required. Each recommendation and management response was
reviewed.
Barb Cribbett,
Treasurer, addressed the issue of overtime and lieu time, advising that a draft
Hours of Work and Overtime Policy has been prepared and will be reviewed by management.
Bill Snowball,
Fire Chief, reviewed overtime issues specific to Fire and Emergency Services.
An optimal staffing model and force size study is proposed for 2010, to align
with the upcoming Town Fire Master Plan update, which will include addressing overtime
issues. Markham currently has the highest citizen-to-fire fighter ratio for
area municipalities, but it also has the lowest costs. Once the new Cathedral station
is in operation, the ratio will improve to 1-1100, and when the new Cornell
station opens, the ratio will be 1-1000. The study will also help to determine
the trigger for identifying when it is more cost-effective to hire more staff
rather than pay overtime. Typically, three staff members leave each year, but
it is anticipated that five to ten members will be lost annually in upcoming
years due to retirement.
It was noted that
Fire and Emergency Services disagreed with the process of requiring medical
certificates. The Auditor General advised that the issue has been resolved and
Town practices have been implemented.
Paul Ingham, General Manager, Operations, addressed overtime
issues relating to Operations, Roads and Parks. Overtime usage has been analysed
and a new staffing schedule for a cross-commission team has been implemented to
meet the service demands for special events. Supervisor approval for overtime
had been a problem, however, time sheets have been revised and staff have been
trained to ensure that overtime is warranted, and that it is properly approved
and documented.
The Committee
questioned if road work contracts contain provisions to cover any required supervisory
overtime, and suggested that the cost should be the responsibility of the
contractor.
Sharon Laing
reviewed Library issues, advising that improvements have already been
implemented, in accordance with the Auditor General’s recommendations.
The Committee
thanked staff for the comprehensive response and for the action that has
already been implemented. The Auditor General stated that she is pleased with the
staff response, and will continue to monitor and report on progress.
Moved by
Deputy Mayor J. Heath
Seconded by Councillor A. Chiu
1) That
the presentation by Ms. I. Kutter entitled “Town of Markham Auditor General
Report”, at the General Committee on October 5, 2009, be received; and,
2) That the Auditor General report dated September
22, 2009 entitled “Overtime and Attendance Management Audit Report”, presented
at the General Committee on October 5, 2009, be received for information; and,
3) That the presentations by staff in response to
the Auditor General’s “Overtime and Attendance Management Audit Report”, at the
General Committee on October 19, 2009, be received; and,
4) That the proposed Town staff actions plans as
contained in the Auditor General's report dated September 22, 2009, developed
in response to the Auditor General's recommendations, be approved; and,
5) That Staff be authorized and directed to do all
things necessary to implement the action plans detailed in the Auditor
General's report dated September 22, 2009; and,
6) That the Auditor General and staff report back
to General Committee annually on the progress of overtime and attendance
management action plan.
CARRIED
4. CERTIFICATE OF APPRECIATION
CITY
OF VAUGHAN (13.5.12)
Mayor L. Jackson,
City of Vaughan, was in attendance to present certificates of appreciation to Fire
and Emergency Services and the Operations Department in gratitude for the
assistance provided in the aftermath of the August 20, 2009 tornado that hit
the City of Vaughan.
A certificate was
presented to Fire Chief Bill Snowball and Deputy Fire Chiefs Dave Decker and Phil
Alexander for their immediate response and assistance to the City of Vaughan.
A certificate was
presented to Paul Ingham, General
Manager, Operations, Mark Ingwersen, District Manager, Operations, and Steve Matunin, Supervisor of Horticulture, for their immediate
response and ongoing efforts.
A letter of
appreciation from the Council of the City of Vaughan was presented to the
Council of the Town of Markham, in recognition of the cooperation between the
municipalities. Mayor Scarpitti thanked Mayor Jackson for the presentation, and
thanked staff, noting that although the Mutual Aid Agreement does not include
forestry services, staff were there to assist regardless.
Moved by Mayor F.
Scarpitti
Second by Deputy
Mayor Heath
That the
presentation by City of Vaughan Mayor Linda Jackson, in gratitude for the
assistance provided by the Town of Markham in the aftermath of the August 20,
2009 tornado that hit the City of Vaughan, be received; and
That appreciation
be expressed to the following staff members for their assistance to the City of
Vaughan during its recent tornado event:
Fire Chief Bill Snowball, Deputy Fire Chief Dave Decker,
Deputy Fire Chief Phil Alexander,
Captain Gerry Dube, Firefighter Murray Forgie, Firefighter
Chris Lane, Firefighter James Pink
Firefighter Ryan Best, Paul Ingham, General Manager of
Operations, Mark Ingwersen, District Manager of Operations, Steve Matunin,
Supervisor of Horticulture, Ryan Watt,
Jeremy Hamlin, Larry Mann, Gary Scheepers, Shawn Erion, Ian Robertson, Ben
Iaboni and Dave Gerow.
CARRIED
5. 2010
PROPOSED WATER/WASTEWATER
RATES
(5.3)
Report Presentation
Peter Loukes,
Director of Operations, provided background context to the Markham Waterworks
operation, which distributes services to 69,000 homes and 2,470 ICI businesses
and offices at the rate of 30,000,000 cubic metres in 2009. Mr. Loukes outlined
the accomplishments and programs of the department in 2009.
Joel Lustig, Director of Financial and Client Services,
reviewed the Town’s and the Region’s water/waste water rates,
and discussed reserves and infrastructure surcharges. The proposed 2010 rate is
2.2129, effective April 1, 2010. A Public Meeting is scheduled for October 27,
2009, followed by a report and feedback to General Committee on November 9,
2009.
The Committee questioned
the Region’s reserve fund targets and assumption changes, and discussed the
9.43 million reserve contribution, and how it works. It was suggested that the
public presentation describe the rate term as being April 1, 2010 to April 1,
2011 for clarification, as well as provide more information regarding the
Region’s higher waste assumption costs. A demonstration of how much water is in
a cubic metre - such as, how many dishwasher loads - would be helpful
information that could be included in the water bills to educate the public. The
information was requested to be provided to the Committee, prior to being
distributed to the public.
The Committee
asked if there is a model for users of more than average water usage being
charged more. Staff will be bringing forward a report on variable rates in
June, 2010, and the Committee requested that it include comparisons with other
municipalities. Discussions involved other options for water delivery that
would not impact the billing rates as much, however, the Region has looked at
other alternatives and found this source to be the best option.
Moved by Councillor
D. Horchik
Seconded by Councillor J. Webster
1) That the proposed 2010 Water/Wastewater
Rates Presentation be received; and,
2) That
Staff be authorized to present the proposed 2010 Water/Wastewater Rate at the
Public Meeting on October 27, 2009; and further,
3) That
feedback from the Public Meeting be brought forward to the General Committee on
November 9, 2009.
CARRIED
6. E3: PRESERVING MARKHAM’S
PAVEMENT INVESTMENT (5.7 & 5.10)
Presentation
The Commissioner of Community Services introduced
this item and noted that Council’s due diligence and investment has paid off by
making Markham’s roads among the best in Ontario.
Peter Loukes, Director of Operations, gave
a presentation on adapting a new sustainable strategy for pavement. He reviewed
the investment Markham has made in the roads and outlined a new proactive
strategy to keep the roads in good repair and extend their life.
The road performance benchmark indicates the
percentage of Markham’s roads that are rated good or better has increased from
86 to 89, while the provincial average has dropped from 74 to 70 percent.
The Committee congratulated staff on this
achievement and noted that it was the late Regional Councillor Tony Wong who
was instrumental in implementing this program.
It was requested that green house gas
emission reductions be calculated and reflected in future reports, for the
public’s information. Discussions included the minimal noise impact from the micro
surfacing, and the $1 million transfer from operating to reserves each year.
The Committee agreed to refer this item to
the Budget Subcommittee.
Moved by Councillor V. Burke
Seconded by Councillor A. Chiu
That
the following recommendation be approved in principle and referred to the
Budget Committee:
1)
That the Pavement Preservation Strategy be implemented starting in
2010; and,
2)
That a one-time reduction of $1 million from the operating
contribution to Lifecycle Reserves be approved; and,
3)
That staff manage the transition and evaluate the success of this
program and report back to Council at the end of 2011; and,
4)
That staff continue to partner with the University of Waterloo to
document and publish results; and further,
5)
That staff undertake annual condition evaluations of the road
network
CARRIED
7. MINUTES OF THE SEPTEMBER 14,
AND 22, 2009 GENERAL COMMITTEE (16.0)
Sept.
14 Sept.
22
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
1) That
the minutes of the September 14, and 22, 2009 General Committee be received.
CARRIED
8. MINUTES
OF THE SEPTEMBER 14, 2009
RACE RELATIONS COMMITTEE (16.0)
Minutes
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
1) That the Minutes of the September 14,
2009 Race Relations Committee be received.
CARRIED
9. MINUTES
OF THE SEPTEMBER 17, 2009
ENVIRONMENTAL ADVISORY COMMITTEE (16.0)
Minutes
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
1) That
the Minutes of the September 17, 2009 Environmental Advisory Committee be
received.
CARRIED
10. MINUTES OF THE JULY 15, 2009
ANIMAL CARE COMMITTEE (16.0)
Minutes
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
1) That
the Minutes of the July 15, 2009 Animal Care Committee be received.
CARRIED
11. MINUTES OF SEPTEMBER 28, 2009
THE INFORMATION TECHNOLOGY
SUB-COMMITTEE (16.0)
Minutes
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
1) That
the Minutes of the September 28, 2009 Information Technology Sub-Committee be
received.
CARRIED
12. ADVISORY COMMITTEE
APPOINTMENTS/ RESIGNATIONS (6.24)
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
Information Markham
1) That the
resignations of Nadine Daley and Terri Hilborn from the Information Markham
Board of Directors be received with regret, and
2) That
the following appointments be confirmed for the term ending June 30, 2010:
Balika
Kanagalingam
Stephanie
Pavlich
Karyn Turner
Pool Allocation Committee
3) That the resignation
of Councillor Dan Horchik from the membership of the Pool Allocation Committee
be accepted with regret.
CARRIED
13. APPORTIONMENT OF TAXES (7.3)
Report
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
1) That the report
“Apportionment of Taxes” be received; and,
2) That the policy
outlined in this report regarding the apportionment of taxes be adopted; and
further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
14. AWARD OF TENDER 181-R-09
ELECTRICAL FACILITIES
MAINTENANCE FOR TOWN FACILITIES (7.12)
G. Verbeek, ext. 3410
Report
Moved by Deputy Mayor J. Heath
Seconded by Councillor L. Kanapathi
1)
That the report entitled “Award
of Tender 181-R-09 Electrical Service and Maintenance for Town Facilities” be
received; and,
2)
That the contract for Tender
181-R-09 Electrical Service and Maintenance for Town Facilities be awarded to
the highest ranked bidder, third lowest priced bidder, Kudlak-Baird (1982)
Limited, in the estimated amount of $1,063,840.00 over a 4 year period from
October 1, 2009 to September 30, 2013; and,
3)
That the Director of Asset
Management and Manager of Purchasing be authorized to exercise the option to
renew contract 181-R-09 after the first year for three year option renewal to
be exercised at one year intervals, at a 3% escalation per year (applied to
labour only), subject to performance and budget approval; and,
4)
That the awards be funded from
the various Town Departments Operating and Capital budget accounts on an as
required basis; and,
5)
That Staff be authorized to
amend the award amounts in years 2010-2013 to reflect changes to the various
user budget accounts (listed in the financial template) approved by Council
during the annual budgeting process; and further,
6) That Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
15. REQUEST
FOR PROPOSAL 164-R-09
JANITORIAL SERVICES FOR
VARIOUS LOCATIONS WITHIN THE TOWN (7.12)
Report
The Committee commented on the remaining
balance amount of the contract, and was advised that the balance reflects a shared
account for other maintenance items, not just janitorial services.
Support was expressed for the use of green
products. The Committee questioned the wages earned by the janitorial
employees, to ensure they are fair. Staff advised that unless a policy is established
to include wage issues as part of the RFP, the information is not available. A
discussion of this issue, including the practices of other municipalities, will
be arranged for a future meeting.
Moved by Councillor L. Kanapathi
Seconded by Councillor J. Webster
1)
That the report “Request for
Proposal 164-R-09 Janitorial Services for Various Locations within the Town” be
received; and,
2)
That 164-R-09 for Janitorial
Services for Various Locations within the Town be awarded to the second highest
ranked and third lowest priced bidder, Arsenal Cleaning Services Ltd. in their
proposed amount of $396,151 exclusive of GST for one year, from November 1,
2009 to October 31, 2010; and,
3)
That the term of the contract
shall be for three years; and,
4)
That this project be funded
from various Town Department’s Operating Budgets as detailed in appendix A; and
further,
5) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
16. STAFF AWARDED CONTRACTS
FOR THE MONTH OF SEPTEMBER 2009 (7.12)
Report
The Committee noted Tender 037-T-09, the
Trail and Bridge Construction for Rouge River southwest of Highway 7 and
McGowan Road, and requested an update on the connection.
Moved by Deputy Mayor J. Heath
Seconded by Councillor L. Kanapathi
1) That
the report entitled “Staff Awarded Contracts for the Month of September 2009”
be received; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
17. AWARD OF TENDER 244-T-09 SUPPLY AND
DELIVERY OF SODIUM CHLORIDE
(HIGHWAY COARSE ROCK SALT)
YORK REGION BUYERS COOPERATIVE (T-09-71) (7.12)
Report
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
1)
That the report entitled “Award
of Tender 244-T-09 Supply and Delivery of Sodium Chloride (Highway Coarse Rock
Salt) York Region Buyers Cooperative (T-09-71) ” be received; and,
2)
That Tender 244-T-09 Supply and
Delivery of Sodium Chloride (Highway Coarse Rock Salt) York Region Buyers Cooperative
(T-09-71) be awarded to the lowest priced bidder, Sifto Canada Corp. in their
unit price of $73.87 per ton including delivery and inclusive of 8% PST in the estimated annual amount of
$995,989.21; and,
3)
That the term of the contract
shall be for three (3) winter season from
October 2009 – April 2012 with the same 2009 itemized unit pricing; and,
4)
That the November 1st
– December 31st 2009 costs, estimated at $236,384.00 be charged to
the Operating Account # 700 504 4525 Salt; and,
5)
That the 2010-2012 estimated
costs provided for within the respective years budget submission for the
Operations Department;
a.
2010 $995,989.21
b.
2011 $995,989.21
c.
2012 (Jan 1 – Apr 30) $664,040.03
6) That the 2010-2012 Purchase Orders be adjusted due to growth
(increase in kilometres of roadway) based on approved budgets for each year;
and further,
7) That Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
18. PROPOSED 2010 WATER/WASTEWATER
RATES (5.3)
Report Presentation
The Committee agreed to split this
resolution, as the directions to staff must be deferred until after the Public
Meeting, authorized by a previous agenda item, is held.
Moved by Deputy Mayor J. Heath
Seconded by Councillor E. Shapero
1) That
the report dated October 19, 2009 entitled “Proposed 2010 Water/Wastewater Rate
Increase” be received.
CARRIED
Moved by Councillor E. Shapero
Seconded by Councillor L. Kanapathi
That
the following resolutions be deferred until after the Public Meeting is held:
1) That
staff be authorized to hold a public meeting on October 27, 2009 at 7:15p.m. on
the proposed 2010 Water/Wastewater rate increase; and,
2) That the
2010 Town of Markham’s (“Town”) Water/Wastewater rate increase be equivalent to
the Region of York’s (“Region”) monetary increase of $0.1229 per cubic metre (m3)
based on Region’s estimated increase of 10%; and,
3) That in
addition to the Region’s increase, the 2010 Water/Wastewater rate increase
includes the third year of the approved 10 year phase-in of the
Water/Wastewater Infrastructure Surcharge of $0.0457/m3; and,
4) That an
additional surcharge of $0.0401/m3 be approved to account for
changes in policy and assumptions; and further,
5) That
effective April 1, 2010, the 2010 Water/Wastewater rate will be $2.2129/m3,
an increase of $0.2087/m3.
CARRIED
19. FEDERATION OF CANADIAN MUNICIPALITIES ANNUAL
CONFERENCE, WHISTLER, B.C.
JUNE 5-8, 2009 (5.7)
Presentation
This item has been
moved to a future General Committee meeting.
20. AUTHORIZATION TO
ATTEND CONFERENCES (16.23.2)
Regional Councillor Gord Landon requested
authorization to attend two conferences. The cost will be charged to
Engineering and Culture Services budgets, and no overnight accommodation will
be required.
Moved by Councillor E. Shapero
Seconded by: Councillor L. Kanapathi
1) That Council
authorize Regional Councillor Gord Landon to attend the “Canadian
Transportation Demand Management Summit 2009” to be held on November 15 to 18,
2009 in Toronto, and the “Creative
Places and Spaces: The Collaborative City” conference, to be held on October 28
to 30, 2009 in Toronto; and
2)
That cost of attending the “Canadian Transportation Demand Management
Summit 2009” be charged to the appropriate Engineering budget, account # 640
998 5200; and
3)
That cost of attending the “Creative Places and Spaces: The
Collaborative City” be charged to the appropriate Culture Services budget,
account # 560 560 5250.
CARRIED
21. MARKHAM
DISTRICT ENERGY (16.0)
Deputy Mayor J. Heath advised the Committee
that MDEI has signed an agreement to provide services to the
Markham-Stouffville Hospital. A formal announcement will be made in January,
2010.
ADJOURNMENT
The General Committee
meeting adjourned at 12:45 p.m.