FINANCE
& ADMINISTRATIVE COMMITTEE
2004-11-08
Meeting No. 19
Attendance
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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
D. McClean,
Fire Chief
S. Mintz,
Deputy Fire Chief
S. Birrell,
Town Clerk
B. Cribbett,
Treasurer
B. Roth,
Director, Recreation & Culture Services
J. Lustig,
Director of Financial & Client Services
P. Loukes,
Director, Operations & Asset
Management
S. Taylor,
Director, Strategic Services
J. Klaus,
General Manager, Waterworks
B. Varner,
Real Property Manager
B. Wiles,
Manager, Enforcement & Licensing
F. Wong,
Manager, Financial Planning
D. Speed,
Senior Fire Prevention Officer
B. Nanninga,
Executive Assistant to Mayor
and Council
J. Kee,
Committee Clerk
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The Finance & Administrative Committee
convened at the hour of 1:05 p.m. with Councillor
S. Daurio in the Chair.
DISCLOSURE OF INTEREST
None
declared.
1. 2005 WATER/WASTEWATER RATES (5.3 &
5.5) Presentation
Ms.
B. Cribbett, Treasurer, gave a presentation on the 2005 Water/Wastewater
Rates. It was reported that the Region
of York has indicated that the 2005 wholesale water/wastewater (water) rate is
proposed to increase by 5%, and Committee was reminded that in June of 2002,
Council passed a resolution, as follows:
" And that all further rate increases by
the Region of York will be automatically met by
the Town of Markham with a percentage equal
to that of the Region."
The
Treasurer reviewed water rate pressures, future issues relating to the aging
infrastructure, and presented options available.
Moved
by Councillor J. Virgilio
Seconded
by Regional Councillor B. O'Donnell
That the proposal to increase the Town's water rate by 6.7%, effective
January 1, 2005 be presented to the November 30, 2004 Public Meeting.
CARRIED
2. PROPERTY STANDARDS BY-LAW (2.9) Report B/L
Moved by
Councillor K. Usman
Seconded by
Regional Councillor B. O'Donnell
That
a by-law be presented to amend By-Law 248-1999, the Property Standards By-Law,
as amended, to provide for a composition of five (5) and a quorum of three (3);
And
that the Terms of Reference of the Property Standards Committee be amended
accordingly.
CARRIED
3. BLANKET PURCHASE ORDER EXTENSION
B3-00054 D. CRUPI & SONS LTD. (7.12.2) Report
Moved by
Councillor K. Usman
Seconded by
Regional Councillor B. O'Donnell
That
the report entitled "Blanket Purchase Order Extension - B3-00054 D. Crupi
& Sons Ltd." be received;
And
that Blanket Purchase Order B3-00054, for Tender 057-T-03 Asphalt Maintenance
be increased an additional $73,000.00 to accommodate anticipated expenditures
for asphalt maintenance service for the remainder of the 2004 season;
And
that the funding available in the various Capital Accounts identified under the
"Financial Considerations' section of this report be utilized to cover the
cost of additional asphalt works;
And
that the Director of Operations and Asset Management and the Director of
Finance & Client Services be authorized to extend the contract for an
additional one year term (2005), subject to budget approval, Contractor's
agreement to hold prices to 2003 rates, and satisfactory performance;
And
that the Director of Operations and Asset Management, and the Director of
Finance & Client Services be authorized to establish a new blanket purchase
order limit for the 2005 season, based on the 2005 approved budget for asphalt
maintenance.
CARRIED
4. STATUS
OF CAPITAL PROJECTS AS
OF AUGUST 31, 2004 (7.5) Report ExhE
Moved by
Councillor K. Usman
Seconded by
Regional Councillor B. O'Donnell:
That
the report entitled "Status of Capital Projects as of August 31, 2004"
be received;
And
that projects listed in Exhibit B, as attached to the original Council Minutes
in the Clerk's Office, entitled "Summary of Open Capital Projects 100% (or
Greater) Encumbered at August 31, 2004" be closed upon payment of final
invoices and any outstanding amount returned to/from the original source(s) of
funding;
And
that $1,120,105.53 from closed capital projects be transferred to the sources
of funding as listed on Exhibit C, as attached to the original Council Minutes
in the Clerk's Office, entitled "Summary of Closed Capital Projects by
Account at August 31, 2004";
And
that the Sections 3.0 & 4.3 of Capital Budget Control Policy be amended, in
Exhibit E, as attached to the original Council Minutes in the Clerk's Office,
so that remaining funding in completed tax funded projects be transferred to a
corporate-wide contingency capital project to a maximum of $250,000, the use of
which will be governed by the Expenditure Control Policy.
CARRIED
5. COMMUNITIES IN BLOOM (3.0 & 6.0) Report AppA AppB
Staff was directed to poll Members of
Council, prior to the November 16th Council Meeting, to determine their
interest in serving on the Communities in Bloom Committee.
Moved by
Councillor J. Virgilio
Seconded by
Councillor D. Horchik
That
this report provide an update to Committee and Council on the Communities in
Bloom public meeting held on August 25, 2004;
And
that the Town of Markham establish a Communities in Bloom volunteer committee
consisting of two members of Council and nine (9) community members to provide
leadership for the Town of Markham 2005 Communities in Bloom project;
And
that the Communities in Bloom Committee work with the Communities in Bloom
Program Manager to implement the 2005 effort;
And
that the terms of reference for Communities in Bloom Committee be adopted as
outlined in Appendix A, attached to the original Council Minutes in the Clerk's
Office;
And
that the 2005 operating budget include discussion for funding the 2005
Communities in Bloom as outlined in the Communities in Bloom report received by
Council on June 8, 2004;
And further that staff be directed to poll Members of Council to
determine their interest in serving on the Communities in Bloom Committee, and
appointments be made at the November 16, 2004 Council Meeting.
CARRIED
6. HOLISTIC
PRACTITIONERS BY-LAW (2.0) Report B/L Minutes
Ms. Helen
Kuttner, member of the Therapeutic Touch Network of Ontario, was in attendance
and raised a number of issues, including: waiving of registration fee for
volunteers; distancing of holistic practitioners from the body rub industry;
and elimination of the use of the term: "complementary healthcare" in
the Town's Body-Rub Parlour By-law.
The Town Clerk
provided answers to the concerns raised.
Moved by
Regional Councillor B. O'Donnell
Seconded by Councillor
J. Virgilio
That
the deputation of Ms. Helen Kuttner, member of the Therapeutic Touch Network of
Ontario, regarding the proposed Holistic Practitioners By-law, be received.
CARRIED
Moved by Mayor
D. Cousens,
Seconded by
Regional Councillor J. Heath
That
the report entitled "Holistic Practitioners By-Law" be received;
And
that a by-law, under Section 157 of the Municipal Act, 2001 be enacted, to
require individuals providing holistic services within the Town to be
registered in a registry;
And
that By-law 2002-276 "Fees & Charges" be amended to incorporate a
fee for the registration of Holistic Practitioners.
CARRIED
7. SWIMMING
POOL ENCLOSURE BY-LAW
AMENDMENT - 8 HESTER CT. (2.15)
Report
Committee had before it a report to amend the
Pool Enclosure By-law in order that an existing pool enclosure erected at 8
Hester Court be brought into conformity with the By-law. Concern was expressed relating to the Town's
liability in the case of an accident, and it was agreed that additional wording
would be inserted in the by-law with respect to saving the Town harmless from
any claim or action.
Moved by Mayor
D. Cousens
Seconded by
Regional Councillor B. O'Donnell
That By-Law 59-75 "Swimming Pool Enclosures" be amended, as
follows:
1. Notwithstanding Section 2 (g) of this
By-Law, the pool enclosure located along the north-west property line on Lot 23
of Registered Plan M-1345 (municipally known as 8 Hester Court) may be erected
less than four (4) feet from the edge of water contained in the pool subject to
the following conditions:
1. A barrier is
maintained to the satisfaction of the Town
2. Enclosure is
maintained at a minimum height of 6 feet and is maintained to the satisfaction
of the Town
3. Enclosure to comply
with all other provisions of the by-law
4. A permit is
obtained in accordance with Section 7 of the by-law
2. This by-law shall
remain in force and effect for only as long as the subject pool existing on the
property on the date of passing of this by-law remains.
And
further that approval be subject to entering into an agreement, in a form
satisfactory
to the Town Solicitor, saving the Town harmless from liability.
CARRIED
8. SHOPSY'S REQUEST FOR PROCLAMATION AND
REQUEST FOR CHOICE OF CHARITABLE
ORGANIZATION (3.4 & 12.2.6)
Moved by Mayor D. Cousens
Seconded by Councillor J. Virgilio
That the letter dated October 22, 2004 from Gino Empry, on behalf of
David Cohn, President of Shopsy's, requesting that Markham proclaim December 6,
2004 as "Shopsy's Day in Markham", for the grand opening of their new
store at 7240 Woodbine Avenue, and also requesting that Council name a charity
to which proceeds of the day would be sent, be received;
And that the date of December 6, 2004 be proclaimed as "Shopsy's
Day in Markham";
And that Shopsy's be advised that the Town of Markham wishes all
proceeds of "Shopsy's Day in Markham" to go to the Unionville Home
Society.
CARRIED
____________________________________________________________________________
Other matters
considered by Finance & Administrative Committee on November 8, 2004:
9. RECOMMENDED
TOWN PROCEDURES FOR
INSPECTING AND REGISTERING TWO
UNIT HOUSES (10.7) Report 1 2 3
Committee had before it a report outlining
recommended actions for enhancing current Town procedures for inspecting and
registering eligible "grandfathered" two unit houses in Markham. It was noted that these procedural changes do
not alter current zoning provisions for second suites. A report comparing the enhanced procedures to
a possible strategy option to introduce new zoning provisions Town-wide for
second suites will be presented to Council in the new year.
Issues raised included: the inspection fee
rate; zoning concerns; front yard parking; and life safety.
Staff was requested to provide statistics on
the number of inspections carried out daily in all Wards during the last
year. In addition, Committee requested
that staff provide a list of the (legal) "grandfathered" two unit
houses within the Town of Markham to all Members of Council.
It was agreed that this matter would be
presented to the Council Meeting scheduled for November 30, 2004 to provide
staff time to review issues raised this date.
Moved by Regional Councillor J. Heath
Seconded by Councillor K. Usman
That the staff report entitled “Recommended Town Procedures for
Inspecting and Registering Two Unit Houses”, be received;
And that Council approve the recommended Town regulations for
inspecting and registering “grandfathered” two unit houses as outlined in this
report, notably that:
(a) the Fire Services Department
continue to act as “Lead” Department for the inspection and registration of
“grandfathered two unit houses”;
(b)
the Town’s By-law for Registration of Two-Unit Residential Occupancies
(By-law 308-97) be amended to:
- incorporate a new definition of “two unit
house” and “residential unit” consistent with
the
provincial government’s definition; and
- require that prior to registration, every
dwelling unit in a two unit house shall be
inspected to ensure that it complies with all relevant standards
determined to be
applicable, as set out in the Ontario Building Code, the Ontario Fire
Code, the
Fire
Protection and Prevention Act, and the applicable Zoning By-law and the
Property Standards By-law, all as amended from time to time;
(c) the Town’s Fees and Charges By-law (By-law
2002-276) be amended to:
-
recognize that the $300.00 inspection fee for a two unit house compliance
includes a
maximum of “4” Fire Services inspections
after which an individual inspection
fee of $75.00 per hour or part thereof will
be applied at the discretion of the Fire
Chief or delegated Fire Services staff; and
-require an additional inspection fee of
$300.00 for each unit in excess of the main and the
second dwelling unit.
(d) a
new Two Unit House Declaration Form as set out in Appendix “A”, attached to the
original Council Minutes in the Clerk's Office, be approved for use by
the Building Standards Department in
qualifying “grandfathered” two unit
houses;
(e) funding in the amount of $6000.00 be approved
from the Development Services Commission operating budget for consulting
services for AMANDA set-up and training support for the managers and staff assigned from Fire
Services Department, Building Standards Department, and the Clerks Department
(By-law Enforcement) to coordinate administration of “grandfathered” two unit
houses;
(f)
the procedural flowchart as set out in Appendix “B”, attached to the
original Council Minutes in the Clerk's Office, be approved as a template for
an enhanced process for inspecting and
registering “grandfathered” two unit houses and enforcement of illegally
established units;
(g)
Corporate Communications be authorized to publish an in-house public
information sheet specifically for owners, landlords, architects, engineers,
builders and general contractors, for use as a guide to inspection and
registration of “grandfathered” two unit houses;
And that the
necessary funding be considered in the 2005 Operating Budget for staff
resources (including fire prevention, by-law enforcement and prosecution
administrative staff) and training support to implement the enhanced
procedures, recommended in this report;
And further
that staff from the Development Services Commission (Building Standards),
Corporate Services Commission (By-law Enforcement), and Community Services
Commission (Fire Services), be directed to implement the actions outlined in
this report and provide a status report on the delivery of enhanced procedural
changes for “grandfathered” two unit houses to the CAO and Commissioners in six
months time.
And further that the staff report be presented to the Council Meeting
on November 30, 2004 rather than to the November 16, 2004 Council Meeting.
CARRIED
10. 2004
THIRD QUARTER YEAR TO DATE REVIEW
OF OPERATIONS AND YEAR END
PROJECTION (7.0) Presentation
Mr.
Fuwing Wong, Manager, Financial Planning, gave a presentation on the Third
Quarter 2004 Year-to-Date Review of Operations & Year-End Projection.
Staff
was requested to provide a summary of the building starts and comparisons
between 2003 and 2004. The Commissioner
of Development Services will present this information at the Development
Services Committee meeting on November 9th.
Moved by Councillor
J. Virgilio
Seconded by
Regional Councillor J. Heath
That
the presentation of the Manager, Financial Planning regarding the Third Quarter
2004 Year to Date Review of Operations and Year End Projection, be received.
CARRIED
11. RESERVE STUDY (7.4 & 7.5) Presentation
Mr.
Joel Lustig, Director of Financial and Client Services, gave a presentation on
the results of the Reserve Study, which had been carried out by CN Watson &
Associates Ltd., to:
- determine the adequacy of the Town's
Reserves to meet known future expenditures;
- assess & benchmark the Town's Reserves
with other municipalities and "Best Practices"
(GFOA) to determine an adequate level for
rate stabilization/contingency
reserves; and
- review, consolidate & refine policies.
Committee
reviewed a number of recommendations from staff, which will be formally
presented to the November 22nd meeting of the Finance & Administrative
Committee.
Moved by
Councillor D. Horchik
Seconded by
Councillor K. Usman
That
the presentation of the Director of Financial and Client Services, regarding
the Reserve Study, be received.
CARRIED
12. MINUTES
- BUILDING AND PARKS CONSTRUCTION
COMMITTEE - AUGUST 20 AND
SEPTEMBER 17, 2004
(16.34 & 10.13 & 6.3) Aug20 Sept17
Moved by
Councillor K. Usman
Seconded by
Regional Councillor B. O'Donnell
That
the minutes of the meetings of the Building and Parks Construction Committee
held on August 20 and September 17, 2004 be received.
CARRIED
13. 2004
THIRD QUARTER INVESTMENT
PERFORMANCE REVIEW (7.0) Report Exh
Moved by
Councillor K. Usman
Seconded by
Regional Councillor B. O'Donnell
That
the report dated November 8, 2004 entitled "2004 Third Quarter Investment
Performance Review" be received.
CARRIED
14. GTAA PRESENTATION ON THE PICKERING
AIRPORT DRAFT PLAN - NOVEMBER 22, 2004
(5.15.2 & 10.5 & 13.1)
Moved by Mayor
D. Cousens,
Seconded by
Councillor J. Virgilio
That the
notice announcing that the Markham Board of Trade and the Richmond Hill Markham
Chinese Business Association are hosting a Luncheon and Public Presentation on
the Pickering Airport Draft Plan on Monday, November 22, 2004 at the Hilton
Suites Toronto/Markham Conference Centre from 12 Noon to 2:00 p.m. be
received.
CARRIED
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Seconded by Councillor D. Horchik
That the meeting resolve in-camera to discuss
legal and property matters. (3:25 p.m.)
CARRIED
Seconded by Regional Councillor B. O'Donnell
That the Committee rise. (4:35 p.m.)
CARRIED
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ADJOURNMENT
The Finance & Administrative Committee meeting adjourned at the
hour of 4:35 p.m.