General Committee
February 5, 2018
Meeting
Number 2
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
Regrets:
Mayor
Frank Scarpitti
Councillor Alex Chiu
|
Andy
Taylor, Chief Administrative Officer
Biju Karumanchery, Acting Commissioner of Development Services
Trinela
Cane, Commissioner of Corporate Services
Catherine
Conrad, City Solicitor and Acting Director of Human Resources
Kimberley
Kitteringham, City Clerk
Martha
Pettit, Deputy City Clerk
Nasir
Kenea, Chief Information Officer
Joel
Lustig, Treasurer
Dave
Decker, Fire Chief
Phoebe Fu, Director of Asset Management
Shane
Manson,
Amanda Knegje, Senior Property Tax Assessment Analyst
Catherine Biss, Chief Executive Officer, Markham Public Libraries
Carlie
Turpin, Manager of Elections
Bryan
Frois, Chief of Staff
Christopher
Alexander, Acting Manager of Regulatory Services
Laura
Gold, Council/Committee Coordinator
|
The General Committee meeting convened at the hour of 9:03 AM with Deputy
Mayor Jack Heath in the Chair; Councillor Alan Ho Chaired Community Services
related items; Councillor Valerie Burke Chaired Environment and Sustainability
and Councillor Colin Campbell Chaired Building, Parks and Construction related
items; related items.
General Committee recessed at 10:55 am and reconvened at 11:05 am.
General Committee recessed at 12:38 pm and reconvened at 1:25 pm.
Disclosure of
Pecuniary Interest
None disclosed.
1. MINUTES OF THE JANUARY 22,
2018
GENERAL COMMITTEE (16.0)
Minutes
Moved by
Councillor Valerie Burke
Seconded by Councillor Logan Kanapathi
1)
That
the minutes of the January 22, 2018 General Committee meeting be confirmed.
Carried
2. ALECTRA INC. AND GUELPH
HYDRO MERGER (13.7)
Presentation Report
Andy Taylor, Chief
Administrative Officer provided a presentation entitled “Alectra Inc. and
Guelph Hydro Merger”.
The Committee
discussed its issue with the current Alectra Inc. Board of Directors model,
specifically how the City’s number of seats on the Board are calculated. Its
concern was that the City is at risk of losing a seat if another shareholder is
added through a future hydro merger.
Catherine Conrad, City
Solicitor advised that the City would have the right to object to a future
merger under the existing model if the City was at risk of losing a seat.
Andy Taylor, Chief
Administrative Officer advised that Alectra’s management team is aware of the
City’s concern regarding the existing Board of Directors model.
Moved by Councillor Colin Campbell
Seconded by Councillor Logan Kanapathi
WHEREAS Markham Enterprises
Corporation (“MEC”), a subsidiary of The Corporation of the City of Markham
(the “City”) and the City, are parties to the Unanimous Shareholders Agreement
for Alectra Inc. (“Alectra”) dated January 31, 2017 (the “Current Alectra
Shareholder Agreement”); and,
WHEREAS the Board of Directors of
MEC has approved the purchase by Alectra of all of the issued and outstanding
shares of Guelph Hydro Electric Systems Inc. (“GHESI”) from Guelph Municipal
Holdings Inc. (“GMHI”) in consideration of the issuance to GMHI of Class G
Common Shares in the capital of Alectra, and the amalgamation of Alectra Utilities Corporation
(“AUC”) with GHESI, both of which at such time will be wholly-owned
subsidiaries of Alectra, under Section 174 of the Business Corporations Act
(Ontario), to continue as one local distribution company to be called Alectra
Utilities Corporation, conditional upon the completion of a merger
participation agreement to be entered into between Alectra, AUC, GHESI and
GMHI, in accordance with the conditions set out therein; and,
WHEREAS it is desirable to amend the
Current Alectra Shareholder Agreement to add GMHI and the Corporation of the City
of Guelph as parties thereto (the “New Alectra Shareholder Agreement”); and,
WHEREAS the form of the New Alectra
Shareholder Agreement has been provided to the City; and,
WHEREAS management of Alectra and
staff of AUC, and their advisors, have provided a review of the key aspects of
the New Alectra Shareholder Agreement to the Board of Directors and staff of
MEC;
NOW
THEREFORE IT IS RESOLVED THAT:
1) The City authorizes and approves the
New Alectra Shareholder Agreement, substantially in accordance with the form
presented to the City, subject to any non-material modifications or amendments
as approved by the President & CEO and the General Counsel & Secretary
of Alectra, and by the Chief Administrative Officer of the City, and authorizes
the City to enter into and deliver the New Alectra Shareholder Agreement in a
form satisfactory to the President & CEO and the General Counsel &
Secretary of Alectra, and by the Chief Administrative Officer of the City, and
to perform, observe and comply with its obligations under such Agreement; and,
2) The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the New Alectra Shareholder
Agreement in accordance with the foregoing resolutions; and,
3) The Mayor and City Clerk are hereby
authorized and directed to sign and/or dispatch and deliver all other
documents, notices, articles, certificates to be signed and/or dispatched or
delivered under or in connection with the New Alectra Shareholder Agreement or
to take any action deemed necessary in respect of any of the foregoing; and,
4) The approvals above are subject to the
Chief Administrative Officer being satisfied with the results of the continuing
due diligence being conducted by Alectra;
And
Further:
5) That, given that Alectra intends
to review the Board of Directors model and composition within six months, which
the City supports, the City requests that Alectra’s consultant meet with all
shareholders on the matter prior to reporting to the Alectra Board and that
Alectra meet with all shareholders within two months after the report has been
tabled, and in any event, prior to any additional mergers and major
acquisitions.
6) That the Alectra Board be requested to
make all reasonable efforts to mitigate the forecasted dividend reductions in
the early years; and,
7) That the Alectra Board be requested to
undertake a study to consider imposing a cap on total compensation for senior
management; and
further,
8) That Staff be authorized and directed to do all things
necessary to give effect to these recommendations.
Carried
3. SMART CITIES CHALLENGE (7.13)
Presentation
Nasir Kenea, Director of Information Technology
Services provided a presentation on the Smart Cities Challenge.
The Committee watched a short video on smart
cities.
Councillor Valerie Burke noted that the video
should include all genders to provide a safe welcoming environment,
understanding that the video was not created by the City.
The Committee asked how the City will determine
what area to focus on in its proposal for the Smart Cities Challenge and if it will
work closely with the Economic Development Department on the proposal.
Nasir Kenea advised that his staff have been
working closely with the Economic Development Department on this initiative.
The focus of the proposal will be determined through reviewing key areas of
opportunities captured from previous engagement sessions, and from conducting
further consultation activities (online survey, and focus groups) that expand
on existing ideas and that identify new ideas.
The Committee discussed the challenges with
finding a focus that can be done at the local level.
Trinela Cane, Commissioner of Corporate
Services, advised that the proposal will likely be a pilot project undertaken
in a specific area of Markham, like Markham Centre. If the focus were on
transportation the City may look at concepts such as, smart parking
enforcement, and sharing parking spots. The solution is intended to be an out
of the box concept to solve a big City problem.
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Councillor Valerie Burke
1)
That
the presentation entitled “Smart Cities Challenge” by Mr. Nasir Kenea, Chief Information
Officer be received, and;
2)
That
staff be directed to proceed with the proposed approach; and,
3)
That staff provide Council with updates
at key stages of the submission development process; and,
4)
That
staff report back to General Committee on the proposal for submission to the
Smart Cities Challenge.
Carried
4. 2018 REASSESSMENT MARKET
UPDATE (YEAR 2 OF 4)
& RELATIVE PROPERTY TAX
IMPACT REPORT (7.1)
Presentation Report Attachment
A
Amanda Knegje, Senior Property Tax and
Assessment Analyst provided a presentation entitled “2018 Reassessment Market
Update Report - Year 2 of 4 and Relative Property Tax Impact”.
The presentation provided information on the
four year reassessment cycle (2017 – 2020), the 2018 market update and the
relative property tax impacts for the City of Markham.
The Committee asked if current value assessment
(CVA) or the value of a property is based on the market or sale value. In
addition, the Committee also asked how the value of a new home built on
existing lot are established and how they are provided to the City.
Amanda Knegje explained that current value
assessment (CVA) is based on the market value of property at a fixed point in
time, which is defined as the valuation date. She stated that market
value is based on what a property would sell for, as of the valuation date, and
that the current reassessment values are based on a valuation date of January 1st,
2016. She further explained that new homes built on existing lots are re-valued
by MPAC and included on the supplementary assessment rolls that are provided to
the City several times throughout the year.
The Committee asked if the City will look at
re-balancing the residential tax burden relative to the business class tax
burden.
Joel Lustig, Treasurer advised that the
relative tax burden is based on five inputs; reassessment, Regional tax rates,
Provincial tax rates, Municipal tax rates and property tax ratios. He further
advised that based on the recommendation by the City of Markham’s Council in
2017, the Region approved adjusting the property tax ratios to achieve class
neutrality. He advised that the Region will bring forward a report to Regional
Council recommending Council to endorse revenue neutrality for the 2018
taxation year.
Moved by Regional Councillor Jones
Seconded by Councillor Don Hamilton
1) That
the presentation entitled “Reassessment Market Update Impact 2018 Tax Year –
Year 2 of 4 of the Assessment Phase-In & Relative Tax Impact,” be received;
and,
2) That
the report entitled “2018 Reassessment Market Update (Year 2 of 4) &
Relative Property Tax Impact Report” along with the detailed attachment “2018
Reassessment Market Update & Relative Property Tax Impact – Ward by Ward
Analysis” be received for information; and further,
3) That staff be
authorized and directed to do all the things necessary to give effect to this
resolution.
Carried
DEPUTATIONS
There were
no deputations.
COMMUNICATIONS
There were
no communications.
PETITIONS
There were
no petitions.
5. MINUTES OF THE NOVEMBER 23,
2017
CANADA DAY COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Nirmala Armstrong
Seconded by Councillor Don Hamilton
1) That
the minutes of the November 23, 2017 Canada Day Committee meeting be received
for information purposes.
Carried
6. MINUTES OF THE NOVEMBER 9,
2017
PUBLIC REALM ADVISORY
COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Nirmala Armstrong
Seconded by Councillor Don Hamilton
1) That
the minutes of the November 9, 2017 Public Realm Advisory Committee meeting be
received for information purposes.
Carried
7. MINUTES OF THE NOVEMBER 16,
2017
MARKHAM ENVIRONMENTAL
ADVISORY COMMITTEE (16.0)
Minutes
Moved by
Regional Councillor Nirmala Armstrong
Seconded by Councillor Don Hamilton
1) That
the minutes of the November 16, 2017 Markham Environmental Advisory Committee meeting
be received for information purposes.
Carried
8. MINUTES OF THE DECEMBER 18,
2017
MARKHAM PUBLIC LIBRARY BOARD
(16.0)
Minutes
A Committee Member asked for a description of
Hoopla.
Catherine Biss, Chief Executive Officer Markham Public Libraries advised
that it is an online
site where library users can borrow e- books, audio books and movies.
The Committee asked what the library’s public
art policy is for displaying art at Markham’s libraries. The question was being
asked in response to an art display that was exhibited at the library this past
weekend, which received mixed responses from residents.
Catherine Biss advised that library has a
policy that is being updated, which will be brought forward to the Library
Board for its consideration at the next meeting. The Library has not received any direction
from Council on the type of public art, which should be displayed at Markham’s
libraries.
The Committee asked if the artwork is still on
display.
Catherine Biss advised that the art work is
still on display. It is now being displayed
in the adult section of the library and a notice has been posted that artwork includes
mature themes.
A Committee Member inquired what an Internal
Monitoring Report is.
Catherine
Biss advised that it is a standard reporting format that all libraries follow
where the executive limitations are reported. The reporting system is based on
negative reporting.
Moved by
Councillor Colin Campbell
Seconded by Councillor Amanda Collucci
1) That
the minutes of the December 18, 2017 Markham Public Library Board meeting be
received for information purposes.
Carried
9. STAFF AWARDED CONTRACTS FOR
THE
MONTH OF NOVEMBER AND DECEMBER
(7.12)
Report
A Committee Member requested that staff ensure
that the flood lights are dark sky compliant.
Phoebe Fu, Director of Environmental Services reported
that the lights will be dark sky compliant.
Moved by
Councillor Valerie Burke
Seconded by Councillor Don Hamilton
1) That the report entitled “Staff Awarded
Contracts for the Months of November and December 2017” be received; and,
2) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
10. 2017 INVESTMENT PERFORMANCE
REVIEW (7.0)
Report Attachment
1
Moved by
Regional Councillor Nirmala Armstrong
Seconded by Councillor Don Hamilton
1) That the report dated February 5, 2018 entitled “2017
Investment Performance Review” be received; and,
2) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
11. AMENDMENT TO DEVELOPMENT
CHARGES
CREDIT AGREEMENT – ABIDIEN
INC. (7.11)
Report Appendix
A
Moved by
Regional Councillor Nirmala Armstrong
Seconded by Councillor Don Hamilton
1) That
the report entitled “Amendment to Development Charges
Credit Agreement – Abidien Inc.” be received; and,
2)
That Council authorize an
amendment to the current Development Charge Credit Agreement with Abidien Inc.
dated January 23, 2006, to increase the reimbursement available to Abidien Inc.
by $659,073.29, by a combination of development charge credits and
reimbursement; and,
3)
That the Mayor and Clerk be
authorized to execute amendments to the Development Charge Credit Agreement
satisfactory to the City Solicitor and the Treasurer, as set out in this
Report; and further,
4) That staff be directed to do all things necessary to give effect to this
report.
Carried
12. 2018 MUNICIPAL ELECTION
AWARD OF PROPOSAL #179-R-17
FOR OPTICAL SCAN VOTE
TABULATION (PART 1)
AND ONLINE VOTING SYSTEM (PART
2) (14.0)
Report
A Committee Member inquired if: 1) the same
suppliers used for the 2014 election are being used for the 2018 election to
provide the optical scan vote tabulation and online voting system; 2) if
suppliers will be providing a similar type of service; and, 3) if the quality
of the service was reviewed after the
last election.
Kimberley Kitteringham, City Clerk advised that:
1) the same suppliers used for the 2014 election are being used to provide the
optical scan vote tabulation and online voting system for the 2018 election;
and 2) the suppliers will provide a similar type of service for the 2018
election, as they provided for the 2014 election; and 3) a comprehensive review
of all election activities is undertaken after each election.
Staff will be coming to the next General
Committee to present the 2018 election strategy, which includes extending
online voting to Election Day.
Moved by
Councillor Don Hamilton
Seconded by
Councillor Valerie Burke
1) That the report titled “2018 Municipal Election - Award of
Proposal # 179-R-17 for Optical Scan
Vote Tabulation (Part 1) and Online Voting System (Part 2) be received; and,
2) That the contract for Part 1 - Optical Scan Vote Tabulation
including support & services, be awarded to the sole bidder, Election Systems & Software
(ES&S), in the amount of $67,609.34 (inclusive of
HST); and,
3) That the contract for Part 2 - Online Voting System
including support & services, be awarded to the sole bidder, SCYTL
Canada Inc., in the amount of $372,645.12 (inclusive of HST); and,
4) That the award for Part 1 & Part 2 be funded from the Contracted
Services Election account (#310-311-7882) in the amount of $440,254.46; and
further,
5) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
13. CHANGES TO MARKHAM’S
ELECTION SIGN BY-LAW (2.16
& 14.0)
Report Attachment
A Attachment
B
The Committee suggested that eliminating the
$25 fine for illegally placed election signs from Markham’s Election Sign
By-Law may encourage candidates not to comply with the by-law. It also asked
why the sign permit fee of $250 for Markham roads and $250 for York Region
roads is non refundable.
Christopher Alexander, Acting Manager of By-Law
and Regulatory Services advised that candidates can still be charged a fine or
their signs can be confiscated under the proposed by-law. He also explained
that the sign permit fee will no longer be refundable, as the funds collected
will be used to help recover the cost of delivering the program. The fees
collected only cover some of the cost of delivering the program, but Staff do
not want to increase the fee anymore, as it may create barriers to entry for
some candidates.
The Committee discussed where election signs
should be located and questioned if the signs could be placed on fences.
Chis Alexander advised that signs should be
located on the resident’s front lawn, noting they can be located close to the
sidewalk. In accordance with Markham’s Sign By-Law, signs are not permitted to
be placed on fences, unless the fence is located between two private
properties.
The Committee asked how the by-law is enforced
when someone moves their election sign to a spot they are not legally
permitted.
Kimberley Kitteringham, City Clerk advised that
candidates are responsible for their election signs. Staff have been fair in
the past by providing warnings to candidates prior to charging a fine for
illegally placed election signs. Staff also encourage candidates not to touch
other candidates’ signs.
A Committee Member asked if a company could be
hired to put up candidates’ election signs to ensure they are placed in the
proper locations.
Kimberley Kitteringham reported that candidates
could independently hire a company to put up their election signs, but that the
City would not require a company to be contracted to do this, as it may act as
a barrier to entry for some candidates.
A Committee Member asked if there is any
restrictions regarding the size of the election sign at a candidate’s campaign
office.
Christopher Alexander advised that candidates
can put up a single election sign saying “campaign headquarters” 42 day prior
to voting day at their campaign headquarters. The sign has no size
restrictions, but it cannot be a mobile sign. This is not permitted for campaign
headquarters located in residential or institutional zones. These offices must follow the regular
election sign requirements.
The Committee inquired if the by-law applies to
Provincial and Federal elections too and if it is consistent with other York
Region municipalities’ election sign by-laws.
Carlie Turpin, Manager of Elections advised
that Markham’s proposed Election Sign By-Law applies to Provincial and Federal
elections too. The proposed changes to
the by-law are consistent with other York Region municipalities’ election sign
by-laws, excluding York Region. York Region had recently updated its by-law and
did not want to re-open it at this time. Having uniform by-laws across York Region is
being strived for now that the Regional Chair is being elected.
The Committee asked for an update on the
Election Rebate Program.
Kimberley Kitteringham advised that the Election
Rebate Program will be brought forward to a future General Committee. The General Committee had decided in the
fall that it would like to maintain the program, but asked staff to report back
when the changes to the Election Act
were enacted into legislation.
Andy Taylor, Chief Administrative Officer,
asked that staff work with Council to streamline the dispute mechanism for election
sign fines if the City proceeds with a $25 fine for each illegally placed
election signs.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor Don Hamilton
1) That the report
entitled “Changes to Markham’s Election Sign By-law” be received; and,
2) That the “Election Sign
By-law” appended to this report as Attachment “A”, incorporating the
recommendations of Option 3, be adopted; and,
3) That Markham Council recommend that the York Region review its “Election
Sign By-law” to ensure that the number of days election signs are permitted to
be erected prior to voting day is consistent with other York Region municipalities’
by-laws; and,
4) That in addition to the $250
Markham road, and $250 Regional road election sign permit fees, that there be a
$25 fine for illegally placed election signs included in the “Election Sign
By-law”; and further,
5) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
There were
no motions.
There were
no notices of motions.
14. PUBLIC ART DISPLAY (3.19)
The Committee discussed possibly displaying the
students’ art from Father McGivney Catholic High School at Markham Civic
Centre.
Moved Councillor
Don Hamilton
Seconded by Regional Councillor Armstrong
That Father McGivney Catholic High School be
invited to display their students’ artwork at Civic Centre in the Great Hall at
an agreed upon time.
Carried
15. ATTENDANCE AT STANDING
COMMITTEE MEETINGS (16.0)
Councillor
Karen Rea inquired if staff could take action to ensure that Members of Council
attend the entire Standing Committee meeting.
Andy
Taylor, Chief Administrative Officer advised that staff will remind Councillors
that Standing Committee meetings are now being held from 9:00 am - 5:00 pm, and
that they should notify the Clerk’s Office if they have to leave early.
There was
no announcements.
16. CONFIDENTIAL ITEMS (16.0,
11.0 & 8.0)
Moved by Regional Councillor Nirmala Armstrong
Seconded by Regional Councillor Jim Jones
That, in accordance with Section 239 (2) of the Municipal Act, General Committee resolve into a
confidential session to discuss the following matters at (3:15 pm):
[Section
239 (2) (b) (c)]
General Committee confirmed the January 22,
2018 Confidential, meeting minutes.
[Section 239 (2) (b)]
General Committee consented to have this item
placed on the February 13, 2018 Council agenda for consideration.
(3) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (8.0)
[Section 239 (2) (c)] –
General Committee deferred this item to the
February 20, 2018 General Committee meeting.
Moved by Councillor
Don Hamilton
Second by Councillor
Valerie Burke
That the General Committee rise from the confidential session at 3:50
pm.
Carried
Adjournment
Moved by Councillor Don Hamilton
Seconded by Councillor Valerie
Burke
That the General Committee meeting adjourn at 3:55 PM.
Carried