M I N U T E S
GENERAL COMMITTEE
June 7, 2010
Meeting
No. 16
Finance & Administrative Issues Community Services Issues
Chair: Regional Councillor J. Virgilio Chair: Councillor
A. Chiu
Environment
& Sustainability Issues Building,
Parks, & Construction Issues
Chair: Councillor
E. Shapero Chair: Councillor C. Moretti
Alternate formats are available
upon request.
Attendance
Mayor F. Scarpitti Regional Councillor J. Jones Regional Councillor G. Landon Councillor V. Burke Councillor D. Hamilton Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Regional Councillor J. Virgilio Councillor. E. Shapero |
J. Livey,
Chief Administrative Officer C.
Conrad, Town Solicitor B.
Librecz, Commissioner of Community & Fire Services A.
Taylor, Commissioner of Corporate Services S. Andrews, Director, Asset Management P. Ingham, General Manager, Operations E. Lariviere, Manager, Markham Theatre P. Loukes, Director, Operations J.
Lustig, Treasurer C. Marsales, Manager, Waste Management A. Moore, Manager of
Purchasing J. Ryerson, Director of Culture M. Visser, Manager, Financial Strategy
and Investments P. Wealleans,
Director of Taxation |
|
The General Committee convened at the hour of 9:06 a.m. with Mayor F.
Scarpitti in the Chair for Finance and Administrative related items and
Building, Parks and Construction related items; Councillor A. Chiu Chaired
Community Services related items.
DISCLOSURE OF
INTEREST
None disclosed.
Email Application Supporting Material
Chris Younger, Manager of Business
Development for the Galleria Supermarket, made a deputation to the Committee
requesting support for the application to York Region to remain open on
statutory holidays. Mr. Younger outlined the Galleria’s goal to become a key
economic driver, and described the programs that attract the ethnic community that
makes
This matter was further discussed under Item # 25.
Moved by: Councillor V. Burke
Seconded by: Councillor C. Moretti
1) That the deputation by Mr. Chris Younger representing the Galleria Supermarket, and correspondence from Howard An dated May 28, 2010, regarding Galleria Supermarket’s application to York Region to remain open on statutory holidays be received.
CARRIED
Councillor C. Moretti gave an outline of the extensive background work that has gone into this project, and suggested that the price increase is justified as it is a state-of-the-art facility that is available to all residents of Markham.
Councillor J. Webster discussed the
community anticipation for this facility, and the price of delays, in terms of
lost opportunities for the community to enjoy it, and the resulting increased
costs. This project is being developed in tandem with the
The Committee discussed issues relating to HST rebates, added value electrical/mechanical elements, and enhanced landscaping to naturalize the wall of the parking garage. The Committee did not support a suggestion that the architectural fins on the parking garage be eliminated. It was agreed that consideration would be given to an appropriate name for the facility in the new term of Council, and that parking rate issues be referred to the Parking Advisory Committee in the fall.
The Committee expressed appreciation to the Councillors involved, and the staff and consultant team that worked on this project. The Committee also thanked Mayor Scarpitti for his involvement and leadership. It was noted that a ground-breaking ceremony will likely be held in early July.
Moved by: Councillor J. Webster
Seconded by: Councillor C. Moretti
1) That the report titled “East Markham Community Centre & Library – Award” be received; and,
2) That staff be authorized to award contract 012-T-10 to the lowest priced qualified bidder, PCL Constructors Canada Inc., for the construction of East Markham Community Centre & Library, in the amount of $56,949,984 inclusive of HST; and,
3) That this award be made in the full amount and that Staff negotiate any potential cost savings based on the Contractor’s further review of the design drawings and specifications to propose more cost effective or simplified methods of constructability and/or selection of materials without loss of design integrity or functionality; and,
4) That Staff be authorized to subsequently reduce the award by the amount of any such negotiated cost savings which prove good value for the Town; and,
5) That Staff be directed to incorporate appropriate conditions in the contract to facilitate negotiation of additional cost savings for efficiency gains of constructing on adjoining properties should PCL Constructors Canada Inc. be successful in their bid for the Markham Stouffville Hospital expansion project; and,
6) That a contingency amount of $2,562,749, inclusive of HST, representing 4.5% of the contractor’s bid price, be established to cover any unforeseen additional construction or design costs that may be incurred during construction, and that the CAO, be authorized to approve the expenditure of this contingency amount up to the specified limits in accordance with the Town’s Expenditure Control Policy and a monthly status update be provided to the Treasurer; and,
7) That the awards be funded from the East Markham Community Centre & Library project budget account 070-5350-8200-005 in the amount of $59,512,733; and,
8) That the East Markham Community Centre & Library project budget be increased by $5,335,733 from $70,400,000 to $75,735,733 and be funded as presented in the Proposed Funding Sources section; and,
9) That all other awards for this project be made in accordance to the Town’s Purchasing Bylaws; and,
10) That the balance of Administration
Lot Levies Reserve Funds in the amount of $2,721,999 be transferred to the 10%
Non-DC Growth Reserve Fund; and,
11) That Council express its intention to recover any future excess capacity that may be created from the addition of this facility from future Development Charges; and,
12) That Staff report back in the fall with the potential need for external Development Charges borrowing; and,
13) That Staff be authorized and directed to do all things necessary to give effect to this resolution; and further,
14) That this item go
forward to Council on June 8, 2010.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the Minutes of the April 26, May 3, 10, and 17, 2010 General Committee be received.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the Minutes of the April 21, 2010 Animal Care Committee be received.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the Minutes of the April 15, 2010 Friends of the Markham Museum Foundation Board be received.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the Minutes of the April 26, 2010 Canada Day Committee be received.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the Minutes of the April 26, 2010 Markham Public Library Board be received.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
Animal Care Committee
1) That the resignation of Mr. Robert Newman and Mrs. Barbara Newman from the Animal Care Committee be received with regret and a letter of appreciation be forwarded; and,
2) That the vacancies be filled.
3) That the following persons be appointed to the Markham Environmental Advisory Committee, for the term ending November 30, 2010:
Phil Fung
James Lin
Erica Tsang
Dennis Yip
The Heintzman House
4)
That
the following persons be appointed to the Heintzman House Community Centre
Board for the term ending December 31, 2010:
Ed
Hankins (Chair)
Ken
Davis (Vice Chair)
Pat
Chamandy (Treasurer)
Paul
Glionna
Bob
Willson
Sam
Masson
Barb
Somers
Bob
Henderson
5)
That
the resignation of Ms. Joanne Olson from the Public Art Advisory Committee be
received with regret and a letter of appreciation be forwarded; and,
Varley-McKay Art
Foundation of
6)
That
the appointment of the following persons to the Varley-McKay Art Foundation of
Howard
Back
Mahesh
Chokshi
Drew
Gerrard
Paul
Keeling
Sammy
Lee
Ernestine
Tahedl
Seniors Advisory Committee
7) That the resignation of Mr. Shamsher Singh from the Seniors Advisory Committee be received with regret and a letter of acknowledgement be forwarded.
CARRIED
The Committee discussed the 25-year infrastructure replacement plan.
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1)
That the report entitled “Water
and Wastewater System Financial Plan” prepared in accordance with the Safe
Drinking Water Act and
2) That Council, as the Owner and Operating Authority of the Town of Markham’s Drinking Water System, approve the Corporation of the Town of Markham’s “Water and Wastewater System Financial Plan”; and,
3) That Council authorize Staff to submit the “Water and Wastewater System Financial Plan” to the Ministry of Municipal Affairs and Housing on or before July 1, 2010; and,
4) That this report be taken to the June 8, 2010 Council meeting; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Committee noted the following:
Contract 076-Q-09, Tree Pruning: The implications of contracting the work out rather than replacing employees. Staff advised that this possibility will be evaluated.
Contract011-T-10, Construction of the Saint Robert Artificial Field: The cost savings from the clubhouse construction will be used for contingencies such as grading and equipment. This is an infrastructure funding project.
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1)
That
the report entitled “Staff Awarded Contracts for the Month of April 2010” be
received.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the report entitled “2010 Recruit Firefighter Protective Equipment” be received; and,
2) That Council authorize the purchase of the new recruit Firefighter Protective Equipment to a maximum cost of $124,340.00 to be funded from the Fire Services Development Charges Reserve; and,
3) That a new 2010 capital project be established in the amount of $124,340.00 for this purchase; and further,
4) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Committee noted HST issues, and staff advised that the HST will be reflected in the next update.
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the report titled “Development Charges Indexing – July 1, 2010” be received; and,
2) That Council approve a reduction in development charges of 0.35%, effective July 1, 2010; and further,
3) That staff be directed to do all things necessary to give effect to this report.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the report entitled “Award of Tender 024-T-10 Glenbourne Community Gravity Sanitary Sewer” be received; and,
2) That Tender 024-T-10 Glenbourne Community Gravity Sanitary Sewer be awarded to the lowest priced bidder, Howlett Development and Construction Service Ltd. in the amount of $145,051.76, inclusive of HST; and,
3) That a separate purchase order in the amount of $7,438.28 inclusive of HST be issued for contingency to cover any additional fees and that the Director of Asset Management be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,
4) That staff be authorized to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical and materials testing services during construction for an upset limit of $3,052.80 inclusive of HST; and,
5) That a new Asset Management capital project be established for the Glenbourne Community Gravity Sanitary Sewer, to be financed from the Waterworks Stabilization/Capital Reserve in the amount of $207,000.00 and that the funds to be recovered from the benefitting property owners with appropriate interest; and,
6) That the actual construction cost, all the engineering and related administrative and financing costs front-ended by the Town form part of the total project cost and be recovered in accordance with the requirements of Section 391 of the Municipal Act and the by-law approved by Council; and,
7) That the necessary By-law to levy the associated cost by property be prepared in accordance with the requirements of Section 391 of the Municipal Act 2001 and be forwarded to Council for adoption when the final cost of the project has been determined; and,
8) That the residents be allowed to have the option to pay the full amount of their allocated project costs at the time of the completion of work or in installments over 15 years on their tax bill with interest payable at the 15 Year Region of York Debenture Interest Rate in effect on the date the by-law is enacted, calculated annually in advance; and further,
9) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Committee commented on the complaints received
regarding repaving of
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1)
That the report entitled “Award
of Tender 002-T-10 Bullock Drive Watermain
Replacement - Phase 2 (from
2) That the contract for tender 002-T-10 Bullock Drive Watermain Replacement - Phase 2 (from Jug Lane to Hawkridge Avenue) be awarded to the lowest priced bidder, Sam Rabito Construction Ltd. in the amount of $624,771.66 inclusive of HST; and,
3)
That a separate
purchase order in the amount of $62,477.17 inclusive of
HST be issued for contingency to cover any additional
fees and that the Director of Asset Management be authorized to approve
expenditure of this contingency amount up to the specified limit in accordance
with the Expenditure Control Policy; and,
4)
That
staff be authorized to retain a qualified geotechnical consulting firm in
accordance with the Town’s purchasing bylaw to provide geotechnical and
materials testing services during construction for an upset limit of $6,105.60 inclusive
of HST; and,
5) That the award be funded from Capital Budget account 053-6150-10340-005, 2010 Watermain Construction and Replacement; and further,
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Committee discussed the rates to turn on/off water at the property line, and whether emergency situations should be exempt. No change was made to the proposed draft by-law.
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the report “Fee By-law Amendments for HST” be received; and,
2) That a by-law to amend By-law 2002-276, in the form attached hereto as Schedule A, be adopted; and,
3) That notice to the public be provided in accordance with By-law 2001-1, a by-law to prescribe the form and manner and times for the provision of reasonable notice; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The
Committee questioned the disruption caused by this process. Staff explained
that the target section is isolated and an above-ground by-pass is installed, so
that service is not interrupted. Residents are notified prior to the procedure.
The Ward 1 Councillor requested information on upcoming procedures in that Ward, and staff will provide an update. It was noted that
the map accompanying the report does not clearly identify the project
locations.
In
response to questions, staff advised that the project will be completed within
two years, and will provide confirmation on any additional construction that will
involve
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1)
That the report
entitled “Award of Tender # 103-T-10 2010 Relining of Cast Iron and Ductile
Iron Watermains” be received; and,
2)
That
the contract for 2010 relining of cast iron and ductile iron watermains be
awarded to the lowest priced bidder, Fer-Pal
Construction Ltd., in the total amount of $995,335.32 inclusive of HST;
and,
3)
That a
contingency in the amount of $99,533.53 inclusive of HST, be established to cover any additional construction costs,
and that the General Manager of Waterworks be authorized to approve expenditure
of this contingency amount up to the specified limit; and,
4) That this contract be funded from the 2010 Capital Budget Account 053-6150-10321-005 “Cement Relining of Iron Watermains”; and
5) That upon completion of the project the remaining funds be returned to the original funding source; and further,
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That the report entitled “Markham Enterprises Corporation Equity Injection” be received; and,
2) That the Town of Markham subscribe for an additional 5,000 Common Shares of Markham Enterprises Corporation over the next two years, at a price of approximately $20.5M, the actual price to be determined jointly by the Treasurers of the Town of Markham and Markham Enterprises Corporation; the funds for this purchase to be funded from the Lifecycle Reserve; and further,
3) That staff be directed to do all things necessary to give effect to this report.
CARRIED
Staff provided clarification on tax considerations for damaged property due to an accident, and for persons suffering from sickness or extreme poverty.
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor G. Landon
1) That taxes totalling approximately $406,698.22 be adjusted under Section 357 (in the amount of $344,373.56) and Section 358 (in the amount of $62,324.66) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $53,406.93; and,
2)
That the associated interest be
cancelled in proportion to the
3) That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,
4) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Peter Loukes, Director of Operations gave a presentation outlining the results of the collection contract renewal negotiations. In February, 2010, General Committee had directed staff to report back on negotiations with Miller Waste Systems, while preparing an RFP in the event negotiations were not successful.
Mr. Loukes outlined the negotiation process, parameters, and financial considerations. Using assumptions, the proposed contract would provide a cost avoidance of $3.98 million over eight years. He discussed inflation adjustments, growth, and an annual rebate of $25,000. The proposed new rates compare favourably to GTA municipal rates. Service enhancements will include a shift from five day collection to a four day collection schedule, new vehicles, extended customer service call hours, and provision of side door services for disabled persons.
The Committee supported the supermailbox service, and it was suggested that “do not deliver” options for junk mail be promoted to the residents to reduce waste. Discussions included the reasons for the 2-man vehicles, and the service call hours.
The Committee congratulated staff and Miller Waste Systems for their concerted efforts in the negotiations. It was acknowledged that the proposed contract includes competitive rates, improved services, and recognizes that the municipality is growing, as will the needs of the contract. Concern was expressed that the Town will be entering into an eight-year contract without the benefit of a tender, and lengthy discussions involved a possible third-party review.
Councillor A. Chiu assumed the Chair to allow the preceding Chair to move a Motion. A Motion to authorize staff to provide a third party review of the contract and to authorize the CAO to execute the contract during the summer if it was satisfactory, was lost.
Mayor F. Scarpitti resumed as Chair.
Moved by: Councillor A. Chiu
Seconded by: Councillor C. Moretti
1) That the report entitled ‘Waste Management Residential Collection Contract Renewal’ be approved; and,
2)
That the Request for Proposal process be
waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, 1(c),
Non-Competitive Procurement, when the extension of an existing contract would
prove more cost-effective or beneficial; and,
3)
That the Waste Management residential
curbside collection contract with Miller Waste Systems be extended for a
contract term of 8 years at an estimated total cost of $63.4 million exclusive
of HST ($64.5 million inclusive of HST); and,
4)
That the contract be funded from the annual
Waste Management Operating budget; and,
5) That the CAO and Waste Management staff be authorized to execute an agreement under the terms, rates, and conditions outlined in this report, in a form satisfactory to the Town’s Solicitor; and,
6) That the Mayor and Clerk be authorized to execute the contract; and,
7) That staff complete a service level review for multi-residential, depot and Town facility collection services as Phase 2 of the negotiation process and report back on the outcome; and further,
8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Eric Lariviere, Manager of Markham Theatre, provided a promotional brochure for the 2010/2011 season, and gave a presentation on the multi-tier artistic strategy for the most diverse, progressive and exclusive program ever presented by Markham Theatre, featuring Canadian and international artists, and an education and outreach program.
The Committee congratulated staff on this impressive program, and thanked local businesses that support the program.
Moved by Mayor F. Scarpitti
Seconded by Councillor C. Moretti
1) That the presentation by Mr. Eric Lariviere, Manager of Markham Theatre, entitled “Markham Theatre for Performing Arts 2010-2011 Season” be received.
CARRIED
MARKHAM UPDATE (6.5)
John Ryerson, Director of Culture, gave a presentation on the creation of a vision statement and guidelines for the cultural planning process. The vision statement would enhance and promote cultural activity and expression in order to share diverse experiences and strengthen the cultural community. Mr. Ryerson discussed how creativity and culture touches all areas of municipal planning. He outlined a timetable for consultation and development of the plan, with completion by March, 2011. It is proposed that an Advisory Committee be formed for this purpose, and draft Terms of Reference were reviewed.
The Committee indicated support for the initiative and emphasised the importance of culture in the community. Appreciation was expressed to the Director of Culture and his staff.
Councillor C. Moretti, Councillor J. Webster, and Regional Councillor G. Landon agreed to participate in the Advisory Committee. The terms of reference was amended to include three members of Council.
Moved by: Councillor C. Moretti
Seconded by: Councillor J. Webster
1) That the staff report titled Building a Creative Markham Update dated April 4, 2010 be received, and;
2) That the Building a Creative Markham Planning, Vision and Guidelines (see Appendix A) be received; and,
3) That the terms of reference and appointments for Building a Creative Markham Advisory Committee be approved, and;
That the Committee be comprised of the following:
§ Mayor ex-officio
§ Up to three members of
Council
§ Chair of the Committee: David Tsubouchi
§ One representative from each of
the following Boards/Committees or their designate:
-
Varley-McKay Art Foundation
-
Friends of the
-
Markham
-
-
-
-
Heritage
-
Race Relations Advisory Committee
§
4)
That Councillor C. Moretti, Councillor J. Webster, and Regional
Councillor G. Landon be appointed as members of Council; and further,
5) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by: Councillor G. Landon
Seconded by: Councillor L. Kanapathi
1) That the report titled “Community Lead Testing Program – Status Report (5)” be received; and,
2) That staff report back to Council with the findings of the Community Lead Testing Program after completion of sampling period #6; and further,
3) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Committee considered an appropriate response to the correspondence, and agreed to send a message to the Premier with congratulations on this initiative, and encouraging expediting the finish of the coal phase-out as early as possible. The Committee agreed to split the motion.
Moved by: Councillor V. Burke
Seconded by: Deputy Mayor J. Heath
1)
That the correspondence from
Ontario Clean Air Alliance regarding “finishing the
coal phase out” be received; and
2)
That Council send a message of congratulations to the Premier on the
coal phase-out program.
CARRIED
Moved by: Councillor V. Burke
Seconded by: Deputy Mayor J. Heath
3)
That the message of congratulations to the Premier
include encouragement to expedite and complete the coal phase-out as
early as possible.
CARRIED
Moved by: Mayor F. Scarpitti
Seconded by: Councillor C. Moretti
1) That the letter dated May 6, 2010 from the Minister Responsible for Seniors, encouraging the Town to participate in the Senior Achievement Award Program, be received.
CARRIED
Email Application Supporting Material
The Committee received a presentation by Chris Younger, Manager of Business Development for the Galleria Supermarket, requesting support for the application to York Region to remain open on statutory holidays.
The Committee acknowledged the Galleria Supermarket’s community contribution, and discussed the difficulty in making exceptions of this nature. Consideration was given to the Provincial Legislation, the Region’s determination that an overall policy review is appropriate rather than an individual exemption, competition issues, employee willingness to work on holidays, the relatively small size of the supermarket, and the precedent that would be set for other exemption requests. It was requested that if the application was successful, that the Galleria provide a celebration that employees could participate in, on Canada Day.
The Committee directed that staff provide further background information regarding the Business Holiday Act, Regional Policies, previous applications, and precedents.
A Motion to refer this matter to staff for additional information, was lost. A Motion to move this matter forward to Council on June 8, 2010, with additional information from staff, was lost. It was noted that only consideration of the application, and not a specific recommendation to support the application, would be forwarded to Council.
Moved by: Councillor D. Horchik
Seconded by: Councillor C. Moretti
1) That the application and request for exemption pursuant to the Business Holiday Act from Galleria Supermarket located at 7171 Yonge Street be received; and,
2)
That consideration of this matter be referred to Council on June 22,
2010; and further,
3)
That staff provide background information regarding the Business Holiday
Act, Regional Policies, previous applications, and precedents, prior to
Council’s consideration.
CARRIED
NEW BUSINESS
The Committee briefly discussed the summer program for the Unionville Bandstand, for information purposes.
IN CAMERA MATTERS
Moved by Regional Councillor G. Landon
Seconded by Councillor L. Kanapathi
1) That the following in-camera matters be deferred to the
General Committee meeting scheduled for June 14, 2010:
a) Confidential General Committee Minutes;
b)
A litigation matter affecting
c)
A proposed or pending
disposition of land by
d)
A proposed or pending
expropriation of land by
e) Advice that is subject to solicitor-client privilege regarding a proposed settlement.
CARRIED
ADJOURNMENT
The General Committee adjourned at 1:15 p.m.