M I N U T E S

GENERAL COMMITTEE

November 16, 2009
Meeting No. 24

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

Mayor F. Scarpitti Deputy Mayor J. Heath Regional Councillor J. Jones Regional Councillor J. Virgilio Councillor V. Burke Councillor. E. Shapero Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Regional Councillor G. Landon

A. Taylor, Commissioner of Corporate Services B. Librecz, Commissioner of Community & Fire Services J. Baird, Commissioner of Development Services C. Conrad, Town Solicitor B. Cribbett, Treasurer J. Carnegie, Director of Communication and Community Relations P. Wealleans, Director of Taxation J. Klaus, General Manager Waterworks J. Streisfield, Assistant Town Solicitor M. Shatil, Manager of Facilities M. Stanford, Project Manager L. Irvine, Manager of Parks & Open Space A. Tari, Committee Clerk

The General Committee convened at 9:00 AM with Regional Councillor J. Virgilio in the Chair. Councillor A. Chui assumed the Chair for Community Services Issues item Nos. 6 & 7. Councillor C. Moretti assumed the Chair for Building, Parks & Construction Issues item

Nos. 8 & 8A.

1. PRESENTATION OF
CHEQUE TO THE
UNITED WAY COMMITTEE (3.0)

Ms. Brenda Librecz, Commissioner of Community & Fire Services presented a cheque in the amount of $3,000 to Ms. Nancy Marchant, Chair, 2009 United Way Committee. The funds were raised at the Community & Fire Services June 2009 golf tournament. Ms. Librecz thanked Mr. Glen Taylor, Manager Community Centre Operations and Ms. Gwen Flethcher, Administrative Assistant for all their work in organizing a very successful tournament.

2. 2010 COUNCIL & COMMITTEE
MEETING SCHEDULE (16.23)
Schedule

There was brief discussion regarding the possibility of a date change for the 2010 Municipal Election.

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

1) That the 2010 Council & Committee Meeting Schedule be approved.

CARRIED

3. ADVISORY COMMITTEE RESIGNATION (16.24)

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

1) That the resignation of Ms. Rochelle Bowmile from the Markham Race Relations Committee be received with regret; and,

2) That the vacancy be filled.

CARRIED

4. TOWN OF MARKHAM
INVESTMENT INTEREST
ALLOCATION POLICY (7.0)

Report

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

1) That the report dated October 5, 2009 entitled “Town of Markham Investment Interest Allocation Policy” be received and adopted by the Town; and,

2) That a Capital Gains Reserve be established and funded though surpluses in the Capital Gains account; and further,

3) That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

5. TAX WRITE-OFFS IN
ACCORDANCE WITH SECTION
354 OF THE MUNICIPAL ACT, 2001 (7.3)

Report

There was discussion regarding the amount of $166,070.59 that must be written off due to an assessment error on a single tax roll number provided by the Municipal Property Assessment Corporation (MPAC).

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

1) That taxes totalling $171,418.69 (includes penalty and interest estimated in the amount of $19,519.19) as set out in this report be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001, of which the Town’s portion is $38,153.50; and,

2) That the applicable penalty and/or interest charges be adjusted accordingly; and,

3) That the Treasurer be directed to remove the taxes from the Collector’s Roll; and further,

4) That staff be authorized to and directed to do all things necessary to give effect to this resolution.

CARRIED

6. NOVEMBER 2009 -
CANCELLATION, REDUCTION
OR REFUND OF TAXES UNDER
SECTIONS 357 AND 358 OF THE
MUNICIPAL ACT, 2001 (7.3)

Report

Mr. Paul Wealleans, Director of Taxation provided a brief summary of the issues that have been resolved.

Moved by Regional Councillor J. Jones

Seconded by Councillor D. Horchik

1) That taxes totalling approximately $350,511.26 be adjusted under Section 357 (in the amount of $248,858.64) and Section 358 (in the amount of $101,652.62) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $61,473.78; and,

2) That the associated interest be cancelled in proportion to the tax adjustments; and,

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

7. SPONSORSHIP MARKETING (12.2)

Report 1

There was discussion regarding how this proposal would affect the role of Town Foundations.

The Committee had questions regarding the proposed standard retainer fee and commission fee structure . Ms. Lorraine Patterson, Vice President Sales & Marketing, Wakeham & Associates Marketing Inc. addressed the Committee advising that the $7,500 retainer fee covers 50% of their staffing cost and further explained the commission fees.

The Committee suggested that the following information be provided:

• Examples of the three commission scenarios
• A list of Town buildings that would not be considered for any naming opportunities prior to signing the agreement
• An outline of Wakeham & Associates role relative to Town boards and foundations
• Staff assigned to maintain and manage relationships once a sponsorship is received

Staff suggested presentations on the proposed Wakham & Associates sponsorship marketing approach be made to the Boards of theatre, Markham Museum and Library. Staff pointed out that a progress report will be made to Council at the end of six months with a recommendation to either continue with the sponsorship marketing campaign or not.

Moved by Councillor L. Kanapathi

Seconded by Councillor J. Webster

1) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, as amended, Part II, Section 7 Non-Competitive Procurement, item 1 (c) when the extension of an existing contract would prove more cost-effective or beneficial; and,

2) That the following clauses be approved in principle subject to staff providing requested information to Council; and,

3) That contract 2005-I-08 awarded to Wakeham & Associates Sponsorship Marketing Inc. be extended to undertake the development and negotiation of sponsorship opportunities for the Town of Markham at a cost of $7,500 per month for 6 months plus commissions, as follows:

a. 15% commission on cash and in-kind sponsorships would be payable on the Town’s receipt of cash or in-kind materials or services.

b. 12.5% commission on successful referrals from the Town of Markham

c. For “properties” valued in excess of $1 million, Wakeham & Associates would receive 10% on the first $500,000; 12.5% on the next $500,000; 15% on the next $500,000 and 17.5% on anything over $1.5 million.

4) That the sponsorship opportunities to be pursued include interior and, where appropriate, exterior venue naming; official “category” sponsorships and; presenting sponsors for key Town events and/or programs; and,

5) That any potential sponsors complement the values and goals of the Town of Markham and that any potential naming agreements are sensitive to Markham’s heritage, history, traditions and to the Markham brand; and,

6) That potential sponsor contracts will be reported to Council for approval for the first 6 months; and,

7) That following the first 6 months, staff develop a policy for Council approval, which sets out delegated approval authority levels to staff for sponsorship opportunities; and further,

8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

8. APPOINTMENT OF MEMBERS
TO THE MAYOR’S YOUTH TASK FORCE
FOR THE PERIOD SEPTEMBER 1, 2009 – JUNE 30, 2010 (16.24)

Report

Moved by Councillor D. Horchik

Seconded by Deputy Mayor J. Heath

1) That the following appointments to the Mayor’s Youth Task Force be confirmed for the term September 1, 2009 to June 30, 2010

MARKHAM	R Joey Loi (Co -Chair)	High School	10
	Carmen Chen	High School	9
	Guruparan Bagawan	High School	10
	R Yanbo Guo (Co-Chair)	High School	12
	Sapna Shah	High School	12
	Damilola Dina	High School	11
UNIONVILLE	Adrian Proestos	High School	10
	R Maha Naqi	High School	11
	RChristine Hui	High School	9
	R Lavania Hui	High School	11
	RJimmy Yuen	High School	12
	RTommy Yen	High School	12
	Janice Chu	High School	9
	Sharon Yau	High School	11
MILLIKEN	R Janelle Valestero	High School	12
	R Samantha Soto	High School	12
	Alice Wang	Elementary School	8
	Emily Do	Elementary School	8
THORNHILL	R Melissa Huang	High School	12
	R Kevin Jen	High School	9
	April Bansil	High School	10

CARRIED

9. 2009 QUALITY MANAGEMENT SYSTEM
MANAGEMENT REVIEW OUTCOMES (3.0)

Report 1

There was brief discussion regarding the potential future changes with respect to the back flow prevention and solar installation.

Moved by Deputy Mayor J. Heath

Seconded by Councillor E. Shapero

1) That the report “2009 Quality Management System Management Review Outcomes” be received; and,

2) That Council, as the Owner of the Town’s drinking water system, acknowledge and support the outcomes and action items identified from the 2009 Management Review meeting; and,

3) That Council, as the Owner of the Town’s drinking water system, is informed that the Town has received the new Municipal Drinking Water License (MDWL) and the new Drinking Water Works Permit (DWWP) from the Ministry of Environment (MOE), which replaced the MOE Certificate of Authorization for the Town’s Drinking Water System; and further,

4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

10. ANGUS GLEN INDOOR TENNIS STRUCTURE
(RInC Fund) UPDATE (6.0)

Report 1

Ms. Librecz advised the Committee that this is the second infrastructure project being brought forward. She indicated that they anticipate hosting an “Infrastructure Fair” at the Angus Glen Community Centre with the participation of our Provincial and Federal partners hopefully some time in late November or early December 2009.

Ms. Linda Irvine, Manager of Parks & Open Space, delivered a PowerPoint presentation providing an update of the design process and some recommendation with respect to the Angus Glen Community Centre & Library indoor tennis facility.

The Committee suggested that the following be considered further:

· Explore a variety of roof profiles that are available that will provide a cleaner architectural and aesthetic finish

· Integrate sustainable initiatives into the design

· How will the parking situation run during the phases of construction

· Consideration of graphics on the outside of the structure that will create an interesting and vibrant appearance to the main façade of the facility

· Proposed location of the club house – consider moving toward east side

· Where would the future parking structure be constructed

· Any consideration to building an enclosed structure that would connect to the main facility

· Ensure a fair arrangement of facility use is established

Staff indicated that they are in the process of developing an allocation policy for this facility that will be finalized prior to the opening. Staff advised that the Town’s current “Tennis Policies” are also being reviewed.

Staff pointed out that the recommendation today is to obtain approval to move into the detailed design process. Staff will bring back the final design and at that point advise whether the issues raised today can or cannot be incorporated into the final design.

Moved by Mayor F. Scarpitti

Seconded by Councillor D. Horchik

1) That the report entitled “Angus Glen Indoor Tennis Structure (RInC Fund) Update” be received; and,

2) That the conceptual site plan as presented herein for the Angus Glen Tennis Structure and parking lot be approved in principle; and,

3) That staff proceed with further detailed design work, preparation of working drawings, tendering, and tender award as required to insure that construction of this facility commences as soon as possible; and,

4) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, 1(b), Non Competitive Procurement, where there is only one source of supply for the goods to be purchased, and that Council authorize staff to negotiate a contract for the supply and installation of a tension frame structure from Cover-All Building Systems to an upset amount of $750,000, including all mechanical and electrical works; and,

5) That staff seek confirmation from the Recreational Infrastructure Canada (RinC) Program to waive the requirement for a competitive process where the equipment, services or supplies that are to be purchased is specialized or not readily available; and further,

6) That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

11. MAIN STREET MARKHAM
PERMANENT WASHROOMS
– STORAGE FACILITY (11.2)

Report Map

Mr. Michael Shatil, Manager of Facilities addressed the Committee to summarize the details outlined in the report.

Moved by Councillor J. Webster

Seconded by Mayor F. Scarpitti

1) That the report titled “Main St. Markham Permanent Washrooms – Storage Facility” be received; and,

2) That Council approves the construction of a 300 square ft storage facility

attached to the washrooms; and,

3) That funding for the entire project come from the 2010 submitted capital budget request, in the amount of $300,000; and,

4) That the Mayor and Clerk be authorized to execute a 21 year less one day lease agreement with the Main St. Markham BIA under the terms and conditions contained in this report, including a rental rate of $350.00 per month plus G.S.T, said agreement to be in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor; and,

5) That the lease revenue be built into the Asset Management Operating Budget and on an annual basis, transferred into the Lifecycle reserve for capital and lifecycle costs repayment; and further,

6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

12. CORRESPONDENCE FROM MR. JIM ROBB (10.0)

Councillor Webster stated some concerns regarding an e-mail that Members of Council have received from Mr. Jim Robb with respect to the Draft Regional Official Plan Amendment. The Committee suggested that the correspondence be added to the November 17, 2009 Development Services Agenda.

IN CAMERA MATTERS

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

That, in accordance with Section 239 (2) (e) of the Municipal Act, General Committee resolve into an in-camera session to discuss the following confidential matter (11:04 AM):

1) A litigation or potential litigation matter, affecting the municipality regarding a Town community centre.

CARRIED

Moved by Regional Councillor J. Jones

Seconded Councillor C. Moretti

That the Committee rise from the in-camera session (11:44 AM)

CARRIED

ADJOURNMENT

The General Committee meeting adjourned at 11:44 AM.