M I N U T E S

FINANCE & ADMINISTRATIVE COMMITTEE

2003-06-03 - Canada Room

Meeting No. 12

Attendance

Chair: Councillor K. Usman Vice-Chair, IT Councillor S. Daurio Members: Councillor J. Virgilio Councillor J. Heath (Alternate) Councillor A. Chiu Others: Regional Councillor T. Wong Councillor G. McKelvey Councillor D. Horchik Mayor D. Cousens (9:20am)

J. Livey, Chief Administrative Officer C. Conrad, Town Solicitor P. Loukes, Acting Commissioner of Community & Fire Services A. Taylor, Commissioner of Corporate Services J. Baird, Commissioner of Development Services T. Webster, Commissioner, Strategy, Innovation & Partnerships J. Allen, Chief Information Officer S. Birrell, Town Clerk S. Chait, Director, Economic Development P. O'Connor, Manager of Purchasing F. Poon, Manager, Systems & Technology Support B. Misra, Manager, G. I. S. & Applications L. Irvine, Manager, Parks & Open Space Development D. Scott, Manager, Markham Theatre F. Wong, Manager, Financial Planning B. Nanninga, Executive Assistant to Mayor and Council J. Kee, Committee Clerk

The Finance & Administrative Committee convened at the hour of 9:05 a.m. with Councillor K. Usman in the Chair.

DISCLOSURE OF INTEREST

None declared.

1. THE CANADIAN DISTRICT ENERGY ASSOCIATION'S
8TH ANNUAL CONFERENCE AND EXHIBITION
JUNE 18-20, 2003, HILTON SUITES, MARKHAM (12.2.6)

Mr. Bruce Ander, President of Markham District Energy Inc., was in attendance regarding registration figures for the 8th Annual Conference and Exhibition of the Canadian District Energy Association, entitled "Delivering Energy Solutions".

Moved by Councillor J. Virgilio

Seconded by Regional Councillor T. Wong

That approval be granted to provide funds to Markham District Energy Inc., to an upset limit of $1,850.00, for the provision of a promotion package to encourage registration for the Canadian District Energy Association's 8th Annual Conference and Exhibition, being held June 18-20, 2003 at the Hilton Suites Toronto/Markham Conference Centre;

And that this amount be funded through the Economic Development Business Development Account #610-998-5808.

CARRIED

2. 052-R-03 PC PROVISIONING AND
VALUE ADDED SERVICES (7.12 & 7.13)

Mr. James Allen, Chief Information Officer, gave a presentation with respect to the purchase of replacement desktops/laptops over the next three (3) years.

Following discussion, it was agreed that the third paragraph of the staff recommendation, relating to staff being authorized to renew the contract annually, would be deleted.

Moved by Councillor J. Heath

Seconded by Councillor S. Daurio

That the report dated June 2, 2003 entitled "052-R-03 PC (Personal Computer) Provisioning and Value Added Services" be received;

And that RFP 052-R-03 for PC Provisioning and Value Added Services be awarded to IBM Canada Ltd., being the lowest bidder and highest ranked of all the proponents, for the purchase of replacement desktops/laptops over the next three (3) years; with the option to renew, after three years, at the Town's sole discretion and for the delivery of Value Added Services, as required, to enable the Town to strengthen its position as the High-Tech Capital of Canada;

And further that the first year of the desktop computer replacement program be funded from the 2003 ITS Capital Budget account #49-6150-5246-005 to an upset limit of $570,100.

CARRIED

Moved by Mayor D. Cousens

Seconded by Councillor S. Daurio

That Council extend its sincere appreciation and congratulations to the Commissioner of Corporate Services, the Chief Information Officer, the Manager of Purchasing, and the Manager, Systems & Technology Support for their work on this project;

And that the compliments of Council also be extended to the firm of Gartner Consulting for their work and expertise in this process.

CARRIED

3. COUNCIL CALENDAR (16.23)

Mr. Andy Taylor, Commissioner of Corporate Services, gave a presentation on the proposed four-week rolling Council Calendar, and a new procedure to be followed when scheduling meetings.

Members suggested minor amendments and changes to the proposed Calendar, as follows:

• adding a third category of "Other" meetings, i.e. those not initiated by the Town;
• clarifying that the date shown on "Other" meetings is the "originally scheduled date";
• specifically identifying "Regional" meetings

The proposed scheduling procedure was discussed, and the following suggestions were made:

· change title to "Procedure for Scheduling Advisory, Ad Hoc and Sub-Committee Meetings";

· when scheduling meetings, suggest two date and time slots;

· delete Clause 3 of staff procedure;

· Committee Chair always be consulted prior to scheduling meetings;

· Involve Committee Chair if difficulties in scheduling arise.

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Heath

That the presentation by the Commissioner of Corporate Services regarding the proposed four week-rolling Council Calendar and Scheduling Procedure, be received;

And that the four-week rolling Council Calendar and Scheduling Procedure be approved, subject to the following changes:

a) Calendar:

- a third category of meetings be added "Other"

- "other" meetings indicate "originally scheduled date"

- specifically identify "Regional" meetings.

b) Scheduling Procedure:

- change title to "Procedure for Scheduling Advisory, Ad Hoc and Sub-Committee

Meetings"

- two dates and time slots to be suggested

- delete Clause 3 of proposed staff procedure

- request that Committee Chair always be consulted prior to scheduling meetings

- Chair also be involved if difficulties in scheduling arise.

CARRIED

4. GRANT REQUEST - CELEBRATION OF THE ARTS (7.6)

Moved by Councillor J. Virgilio

Seconded by Regional Councillor T. Wong

That Council approve the request for financial support from Metroland Newspaper Group to support Celebration of the Arts to be held at the Markham Theatre on October 19, 2003;

And that Council approve an in-kind grant of $1,159.15 for the use of the Theatre equal to the staffing and production cost.

CARRIED

5. DEVELOPMENT CHARGES - CREDITS
TRANSFER OF CREDITS (7.11)

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the Mayor and Clerk be authorized to execute a Development Charge Credit Assignment Agreement between Law Development Group (Cornell) Limited, 2011445 Ontario Inc., 1440102 Ontario Inc., 2011446 Ontario Inc., Law Development Group (Holdings) Limited and The Corporation of the Town of Markham;

And that Council delegate to the Treasure the authority to approve the execution of future development charge credit assignment or transfer agreements or other similar documents, and when so approved, the Mayor and Clerk be delegated the authority to execute such agreements or documentation in a form satisfactory to the Town Solicitor.

CARRIED

6. NOISE BY-LAW EXEMPTION - UNITE THE
NATIONS 2003 EVENT AT MARKHAM FAIRGROUNDS (2.10)

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the request from de Islandboyz Promotions Inc. for an exemption to the Town of Markham's Noise By-law for the purpose of "Unite the Nations 2003" on Sunday, June 29, 2003 from 5:00 p.m. to midnight to permit amplified music at the Markham Fairgrounds be approved;

And that the Organizer publish a notice of the hours in the Markham Economist and Sun two weeks prior to the event;

And that York Region be informed of the application for exemption.

CARRIED

7. NOISE BY-LAW EXEMPTION - RELAY FOR LIFE,
CANADIAN CANCER SOCIETY (2.10)

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

(**Due to time constraints of the "Relay for Life" event, Members of Council were polled on May 28 and 29, 2003 and majority in favour was obtained.**)

That the following resolution be ratified and confirmed:

That the request from the Canadian Cancer Society for an exemption to the Town's Noise By-law No. 2002-275 on June 7, 2003 from 5:00 p.m. to Midnight to permit amplified music during their Relay for Life 2003 activities at the Markham Fairgrounds be approved;

And that the Canadian Cancer Society publish a notice of the hours in the Markham Economist and Sun two weeks prior to the event;

And that York Region be informed of the application for exemption.

CARRIED

8. REQUEST FOR PROPOSAL FOR DETAILED REVIEW
OF CORPORATE COMMUNICATIONS (12.2 & 7.0)

Moved by Councillor J. Virgilio

Seconded by Councillor S. Daurio

That the report dated June 2, 2003 entitled "Request for Proposal for a Detailed Review of Corporate Communications" be received and endorsed;

And that an upset limit for the review be set at $20,000 (inclusive of GST) and be funded from the Organization Development account #043 53505242005.

CARRIED

9. MARKHAM THEATRE RENTAL RATES FOR FISCAL 2004 (6.2 & 7.0)

Moved by Councillor G. McKelvey

Seconded by Regional Councillor T. Wong

That the report dated June 2, 2003, entitled "Markham Theatre Rental Rates for Fiscal 2004" be received;

And that the following rental rates for Markham Theatre be approved:

Community Base Building Rate (no increase) $470.00 / 8 hours

Commercial Rental Rate $1,495.00 / 8 hours

Technician Staff $26.50 / hour

Backstage Supervisor $29.50 / hour

House Manager $20.00 / hour

Usher Staff $11.75 / hour

Premium for Commercial rental on Fridays & Sundays $190.00 / day

Premium for Commercial rental on Saturdays $275.00 / day

And that the increase for rentals be effective for January 1, 2004;

And that the additional $5,000 in revenue go into theatre operating revenue accounts for 2004.

CARRIED

10. REIMBURSEMENT TO DANIELS SLV CORPORATION
FOR CONSTRUCTION OF TOWN-RELATED
PARK WORKS AT SWAN LAKE PARK (7.12 & 6.3)

In response to a query regarding the status of a park pathway around the perimeter of the lake within the Swan Lake development, Members were advised that staff would investigate the matter and report back.

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

That staff be authorized, in accordance with the Phase 2, Swan Lake Residential Subdivision Agreement, 19T-93004, dated November 13, 2000, to establish two Purchase Orders, as outlined below, in order to permit reimbursement to Daniels SLV Corporation for all approved costs (not to exceed the current approved budget amount of $727,300.00) that are associated with the construction and detailed design of Block 30 and 31 of Swan Lake Park;

And that the existing Purchase Order #B3-31 issued to Daniels SLV Corporation be increased from $52,662.73 to $575,305.90 inclusive of 7% GST ($553,799.21 inclusive of 3% GST) for park construction works that the Town is responsible for on Block 30 as well as approved design fees, contract administration fees, and testing and contingency allowances associated with this project;

And that a provisional Purchase Order in the amount of $171,612.70 inclusive of 7% GST ($165,197.27 inclusive of 3% GST) be issued to Daniels SLV Corporation for park construction works that the Town may be responsible for on Block 31. No expenditure will be permitted until Block 31 is accepted as parkland. The Purchase Order will be revoked should the Town not accept Block 31 as parkland;

And further that funding for Town-related park design, contract administration and construction works for Blocks 30 and 31 at Swan Lake Park be from the 1998 Capital Account # 81-5300-008-005 in the amount of $33,000.00; 2001 Capital Account #81-5399-3623-005 in the amount of $194,300.00, and; 2003 Capital Account #81-5350-5193-005 in the amount of $500,000, which collectively totals $727,300.00.

CARRIED

11. PHOTO RADAR - SPEEDING (5.12)

Councillor S. Daurio presented a proposed resolution in response to aggressive and unsafe driving practices.

Moved by Councillor S. Daurio

Seconded by Councillor D. Horchik

WHEREAS there were 733 fatal auto collisions in Ontario in 2001;

AND WHEREAS 845 people were killed in Ontario auto collisions in 2001;

AND WHEREAS there were 636,594 convictions for speeding offences in Ontario in 2001;

AND WHEREAS convictions for speeding offences have risen 28 percent since 1997;

AND WHEREAS aggressive and unsafe driving is a threat to the quality of life in Markham and other Ontario municipalities;

NOW THEREFORE, BE IT RESOLVED THAT:

The Province of Ontario be requested to amend the regulations under the Highway Traffic Act to include Markham in the list of municipalities permitted to introduce red light cameras to discourage drivers from running red lights;

The Province of Ontario be requested to amend the regulations under the Highway Traffic Act to implement the use of photo-radar in Markham to discourage speeding;

The Province of Ontario be requested to amend the Highway Traffic Act and the Provincial Offences Act to permit municipal law enforcement officers to enforce speed limits and stop sign and traffic signal violations; and

The Region of York be requested to increase police enforcement of traffic violations within Markham;

A copy of this resolution be sent to the Region of York, the Regional Municipality of York Police Services Board, York Regional M.P.P.'s and Cabinet Ministers.

CARRIED

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Other matters considered by Finance & Administrative Committee on June 3, 2003:

12. APRIL 2003 YEAR TO DATE RESULTS OF OPERATIONS (7.0)

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That the report dated June 2, 2003 entitled "April 2003 Year-to-Date Review of Operations" be received.

CARRIED

13. MARKHAM STOUFFVILLE HOSPITAL REQUEST FOR
PARTICIPATION AT 19TH ANNUAL GOLF TOURNAMENT
MONDAY, AUGUST 11, 2003 (12.2.6)

Moved by Mayor D. Cousens

Seconded by Seconded by G. McKelvey

That the invitation to participate in the Markham Stouffville Hospital Foundation 2003 Golf Tournament on Monday, August 11, 2003 be received.

CARRIED

14. MINISTRY OF CITIZENSHIP INVITATION
2003 SENIOR OF THE YEAR AWARDS (12.2.6)

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

That the letter dated May 2003 from the Ministry of Citizenship inviting municipalities to nominate a Senior of the Year Award recipient, be received and referred to Members of Council.

CARRIED

15. PROPOSED REFERENDUM FOR PROPERTY
TAX INCREASES - CAMPAIGN PLATFORM OF THE

PROGRESSIVE CONSERVATIVE PARTY (7.3)

Staff advised that a report is being prepared relating to the proposed referendum for property tax increases.

Moved by Councillor A. Chiu

Seconded by Councillor J. Heath

That the Email correspondence with respect to the proposed referendum for property tax increases, as set out in the campaign platform recently released by the Progressive Conservative Party, be received.

CARRIED

16. BILL 195 - THE SAFE DRINKING WATER ACT, 2002 AND

BILL 175 - THE SUSTAINABLE WATER & SEWAGE

SYSTEMS ACT, 2002 (5.3)

Councillor A. Chiu Members raised concerns about the Town's and the Members' liability relating to Bill 195, which is an Act for the control and regulation of drinking water systems and drinking water testing, and to Bill 175, which is an Act respecting the cost of water and waste water services. Staff advised that a report is being prepared on this matter for Committee of the Whole on June 24, 2003.

Moved by Councillor J. Virgilio

Seconded by Councillor G. McKelvey

That the information presented by Councillor A. Chiu regarding Bill 195 and 175 be received.

CARRIED

17. OPENING OF NEW TOWN PARKS (6.3)

In response to a query from Committee, the Chief Administrative Officer advised that staff would prepare a memorandum for Members relating to the opening of new parks later in the year.

ADJOURNMENT

The Finance & Administrative Committee meeting adjourned at the hour of 10:40 a.m.