M I
N U T E S
GENERAL COMMITTEE
February 22, 2010
Meeting
No. 5
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
Alternate formats are available upon request.
Attendance
|
Mayor F. Scarpitti Regional Councillor J. Jones Regional Councillor G. Landon Regional Councillor J. Virgilio Councillor V. Burke Councillor D. Hamilton Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Councillor. E. Shapero |
J. Livey, Chief
Administrative Officer C. Conrad, Town
Solicitor A. Taylor,
Commissioner of Corporate Services J. Baird,
Commissioner of Development Services M. Creighton,
Director of Recreation N. Daley, Manager of Human Resources L. Irvine, Manager Parks & Open Space
Development S. Laing, Director of Human Resources P. Loukes, Director, Operations J. Lustig, Treasurer S. Manson, Tax Policy Analyst C. Marsales, Manager of Waste Management V. McGrath, Director
of Sustainability D. Merriman, Facility Coordinator, Recreation A. Moore, Manager of
Purchasing C. Service, Manager Planning and Policy Development V. Sui, Acting
Manager Financial Planning G. Taylor, Manager Community Centre Operations J. Taylor, Senior Employee & Labour Relations Specialist P. Wealleans, Director of Taxation K. Bavington,
Committee Clerk |
The General Committee convened at the hour of 9:02 a.m. with Regional Councillor
J. Virgilio in the Chair. Councillor A.
Chui chaired the meeting for Community Services related items; and Councillor
C. Moretti chaired the meeting for Building, Parks and Construction related
items.
1. WASTE
MANAGEMENT CONTRACT
RENEWAL PROCESS DEPUTATION (5.1)
Mr. Blair McArthur, Senior Vice-President of the Miller Group, made a deputation regarding the Town’s waste management contract renewal process. Mr. McArthur discussed performance standards and the long-standing relationship between the Miller Group and the Town with respect to waste management and other successful services.
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1) That the deputation by Mr. Blair McArthur, Miller Group, regarding the Town’s waste management contract renewal process be received.
CARRIED
2. WASTE MANAGEMENT
COLLECTION CONTRACT
RENEWAL PROCESS (5.1)
Claudia Marsales, Manager of Waste Management, gave a presentation on the Waste Management collection contract renewal process, including background information and profiles of service providers in the GTA. Ms. Marsales outlined the lengthy renewal activity schedule, noting that a 16 month lead time is required. Options for contract renewal include a competitive bid process by RFP or Tender, or negotiations with the preferred supplier. Staff recommend proceeding with the RFP option to take advantage of the current robust and competitive marketplace. Miller Waste is the current contractor to November, 2011, and if the renewal process is delayed, an extension of the current contract would be sought. Staff advised that Miller Waste has provided excellent customer service, there are few complaint calls, they are flexible toward program changes, operate clean vehicles, and future services enhancement options are available for consideration.
The Committee discussed options and process timing. Staff advised that although negotiations could occur parallel to preparing for an RFP, it is recommended that one option be pursued at a time. The Committee supported the claim that the Miller group provides excellent customer service.
Staff explained the tender process and scoring system with respect to the RFP process and the staff recommendation, and advised that the level of service and value is as important as the price. The ability to accommodate growth demands was also noted as a valuable aspect. Staff have consulted with other municipalities regarding pricing and key performance indicators (KPI’s) and confirmed that a negotiated contract could realize the same favourable terms as the bid process. The negotiated price could also be assessed by a third party, if requested by Council.
Staff confirmed that at the appropriate time, a workshop could be held to discuss potential contract issues. The Committee requested that a separate record of collection complaint calls to the Call Centre be compiled.
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
1) That the presentation by Ms. Claudia Marsales, Manager of Waste Management, entitled “Waste Management Collection Contract renewal Process” be received; and,
2) That the report entitled ‘Waste Management Collection Contract Renewal Process’ be received; and,
3) That a technical staff committee with representatives from Operations, Finance, Purchasing and Legal be established to oversee the process; and,
4) That staff be
authorized to negotiate a Waste Management Collection Contract with
Miller Group and report back to General Committee in May, 2010, and, if necessary, prepare a RFP in June, 2010; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
3. STIVER
MILL FARMERS MARKETS’
MARKET POST-SEASON REVIEW (5.7)
The Committee emphasised the importance of installing a privacy fence adjacent to the two properties to the north of the Farmers’ Market, as soon as possible. Discussions included the cost of fencing the entire property, and cost-sharing.
Victoria McGrath,
Director of Sustainability, confirmed that the privacy fence can be installed
prior to the market opening on June 27, 2010. Staff was directed to report back
to the Committee on cost estimates for the entire fence.
Jeanne Ker-Hornell of the Unionville Village Conservancy (UVC) addressed the Committee and requesting that the fence to the south side of the Farmer’s Market be an open design, such as a chain-link fence.
Moved by Deputy Mayor J. Heath
Seconded by Councillor C. Moretti
1) That the staff report titled Stiver Mill Farmers’ Market post-season review, dated February 22, 2010, be received; and,
2) That permission be granted to the Unionville Village Conservancy (UVC) by way of an agreement/permit to use Town of Markham property at the Stiver Mill on Station Lane in Unionville on Sundays from 10 am to 3 pm from June to Thanksgiving 2010, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor; and,
3) That the Mayor and Clerk be authorized to sign the agreement/permit with the UVC; and,
4)
That the Asset Management Department be directed to proceed in
constructing a privacy fence on the north side of the Stiver Mill Farmers’ Market
property as soon as possible, prior to the season opening of the market, with
the Town being responsible for 50% of the cost; and,
5) That staff report back to General Committee on a cost
estimate for fencing the entire Stiver
Mill Farmers’ Market property; and
6) That staff work with the UVC, the Markham Village BIA and other stakeholders to promote Markham farmers’ markets and the local food agenda; and further,
7) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
4. MINUTES
OF THE JANUARY 18,
AND FEBRUARY 1, 2010 GENERAL COMMITTEE (16.0)
Moved by Councillor V. Burke
Seconded by Councillor D. Hamilton
1) That the minutes of the January 18, and
February 1, 2010 General Committee be received.
CARRIED
5. APPOINTMENTS, RESIGNATIONS
-
ADVISORY COMMITTEES AND BOARDS (16.24)
The Committee noted an increase in turnover for advisory committee members and questioned at what point is replacement not required, prior to the end of the term (November, 2010). Staff have suggested that Human Resources and Clerk’s be requested to assist in preparing questions and criteria for the membership selection committees, to avoid such high turnover. The Committee took note of this issue for future discussions.
Moved by Councillor V. Burke
Seconded by Councillor D. Hamilton
Heintzman House Community Centre
1) That the resignation of Mr. Don Poscente from the Heintzman House Community Centre Board be accepted with regret, and a letter of appreciation be forwarded; and further,
2) That the vacancy be filled.
Environmental Advisory Committee
3) That
the resignations of Ms. Helen Mack, and Joyce Chau from the Markham
Environmental Advisory Committee be received with regret, and letters of
appreciation be forwarded; and,
Animal Care Committee
4) That
the resignation of Ms. Susan Wong from the Animal Care Committee be received
with regret, and a letter of appreciation be forwarded; and further,
5)
That the vacant positions
be filled.
CARRIED
Notes:
1. The Heintzman House Community Centre is comprised of eight (8) members of the public, two (2) Honourary Members and one (1) member of Council. Councillor Valerie Burke was appointed for a term ending November 30, 2010;
2. The Markham Environmental Advisory Committee is composed of fourteen (14) members of the public, the Past Chair and one Member of Council. Deputy Mayor Jack Heath was appointed for a term ending November 30, 2010;
3. The Animal Care Committee is composed of ten (10) members of the public, two representatives from animal advocacy groups and one Member of Council. Councillor Valerie Burke was appointed for the term ending November 30, 2010.
6. AWARD OF TENDER 027-T-10
ADDITIONS AND RENOVATIONS OF
THORNHILL COMMUNITY CENTRE
AND LIBRARY (6.6 & 7.12)
The Committee consented to forward this matter to Council on February
23, 2010.
Moved by Councillor V. Burke
Seconded by Councillor D. Hamilton
1) That staff report entitled “Award of Tender 027-T-10, Additions and Renovations of Thornhill Community Centre and Library” be received; and,
2) That the contract for Tender 027-T-10, Additions and Renovations of Thornhill Community Centre and Library be awarded to the lowest price bidder, Charterhouse Projects Inc. in the amount of $3,140,000 exclusive of GST; and,
3) That a construction contingency be established in the amount of $471,000 (15% of construction award) exclusive of GST be established to cover any additional construction costs and that the Director of Recreation Services be authorized to approve the expenditure of this contingency amount up to the specified limit and to provide a monthly statement of these expenditures to the Town Treasurer; and,
4) That a architectural services contingency be established in the amount of $47,000 (13 % of architectural services award) exclusive of GST to cover any additional consultant costs and awarded to W.K. Lim Architect, and that the Director of Recreation Services be authorized to approve the expenditure of this contingency amount up to the specified limit and to provide a monthly statement of these expenditures to the Town Treasurer; and,
5) That an additional amount of $50,000 exclusive of GST be allocated to FF&E budget (increasing from $710,000 to $760,000); and,
6) That staff be authorized to retain a contractor(s) for landscaping and site security to an upset limit of $200,000 in accordance with Purchasing By-Law 2004-341; and,
7) That the Commissioner, Community & Fire Services be authorized to re-allocate the funds identified within recommendations 3,4,5,6 such that the total expenditures do not exceed the allocated funds of $768,000; and,
8) That Staff report back to General Committee on the use of the $539,000 balance remaining prior to June 21, 2010, in compliance with the Infrastructure Stimulus Fund agreement; and,
9) That the Award of Tender 027-T-10 be funded from 070-5350-9515-005 Thornhill CC & Library Renovation; and further,
10) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
7. CREATION OF A NEW RESIDENTIAL
CONDOMINIUM PROPERTY CLASS (7.0)
Paul Wealleans, Director of Taxation, gave a brief overview of the Condominium Working Group’s initiatives. He introduced several members of the group who were in attendance, and the Committee expressed appreciation for their accomplishments. A member of the group thanked Council for allowing them to participate and asked for continued support for the Condominium Working Group.
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
1) That the report “Creation of New Residential Condominium Property Classes” be received; and,
2) That the Condominium Working Group recommends to Council that it support the creation of new property classes for residential condominium townhomes and residential condominium apartments in Ontario; and,
3) That the Province of Ontario be requested to amend legislation and any necessary regulation(s) to create a new property class for residential townhome condominiums and a new property class for residential apartment condominiums; and,
4) That letters regarding this request be sent to the Premier of Ontario, the Minister of Finance, the Minister of Municipal Affairs, the Minister of Public Infrastructure Renewal, the Canadian Condominium Institute (CCI), the Association of Municipalities of Ontario (AMO), other Greater Toronto Area municipalities, and any other appropriate organization; and further;
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
8. 2008
PROPERTY REASSESSMENT:
2010 (YEAR 2 PHASE-IN) (7.0)
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
1) That this report be received for information; and,
2) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
9. PREGNANCY & PARENTAL LEAVE
SUPPLEMENTAL INCOME
PROGRAM REVIEW (11.0)
Sharon Laing, Director of Human Resources and Nadine Daley, Manager of Human Resources,
gave a presentation on the proposed expansion to employee benefits, offering a pregnancy and parental leave income supplement program of up to 75% of earnings for permanent full-time non-union staff. Ms. Daley outlined the research of comparative municipalities and comparative benefits coverage, the staff recommendations, and financial considerations. It was noted that this benefit would assist in positioning Markham as an employer of choice.
The Committee had several questions, and asked for a comparison of benefits in the private sector and other municipalities. Staff confirmed that Council members and Council assistants would not be eligible for this benefit, due to the limited term and contractual nature of their employment. Discussions included the cost implications for coverage of union members.
Staff were directed to provide follow-up information at a future meeting. The Committee agreed that continuation of discussions on this matter would not impact the proposed effective date of January 1, 2010.
Moved by Mayor F. Scarpitti
Seconded by Councillor D. Hamilton
1)
That the staff presentation regarding the
Pregnancy and Parental Leave Supplemental Income Program as outlined in the
report dated February 11, 2010, be received; and further,
2)
That the Program be referred back to staff for
additional information.
CARRIED
10. SPRING AND
YEAR ROUND LOAD RESTRICTIONS
FOR THE TOWN OF MARKHAM’S ROAD
NETWORK (5.0)
The Committee consented to forward this matter to Council on February
23, 2010.
Moved by Webster
Seconded by Kanapathi
1) That the report titled ‘Spring and year round load restrictions for the Town of Markham’s road network’ be received; and,
2) That the gross weight of commercial vehicles be restricted to 5 tonnes per axle on all public highways under the jurisdiction of the Town of Markham, from March 1, 2010 to April 30, 2010, according to the attached by-law “Appendix A ”; and,
3) That should adverse spring thaw conditions be encountered due to a harsh winter, at the discretion of the Director of Operations, the load restrictions be extended up to May 31, 2010 (up to four weeks); and,
4) That the gross vehicle weight of commercial vehicles be restricted to 5 tonnes per axle for the hard surfaced Town roads listed in Appendix ‘B’, from March 1, 2010 to February 28, 2011, according to the attached by-law “Appendix B”; and,
5) That according to the Highway Traffic Act Sec. 122(4) the restrictions would exempt vehicles operated by or on behalf of the municipality and school busses; and,
6) That the Director of Operations be authorized to grant exemptions to the By-law to permit heavy vehicular loads, at his discretion; and further,
7) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
11. 2009 YEAR END OF
OPERATIONS (7.4)
Joel Lustig, Treasurer, gave a presentation summarizing the year end results of Operations, with a favourable variance of $4.986 million. The audited statements are expected to be available by mid-April, 2010, at which time staff will report back to General Committee with the final results. The Committee discussed transfers from reserves, the 2010 budget, and efforts to keep costs under control.
Moved by Councillor J. Webster
Seconded by Councillor L. Kanapathi
1) That the presentation by Mr. Joel Lustig, Treasurer, entitled “2009 Year End of Operations” be received.
2) That the report dated February 22, 2010 entitled “2009 Year End Review of Operations” be received; and further,
3) That the final 2009 operating variances for the Town of Markham (“Town”), Planning and Design, Engineering, Building Standards and Waterworks departments, be transferred in 2010 to the Town’s respective reserves in accordance with the Town’s reserve policy.
CARRIED
12. RECREATION ALLOCATION
POLICY DEVELOPMENT (6.0)
Colin Service, Manager of Planning and Policy
Development, outlined the development
of a framework for allocation policies for four new groups: cricket pitches;
ball diamonds; soccer fields, and pools. He reviewed the guiding principles and
emphasised the importance of involving user groups.
The Committee made several comments, and cautioned against the
misinterpretation of the wording regarding new User Groups, as maintaining a
balance is important.
Moved by Deputy Mayor J. Heath
Seconded by Councillor L. Kanapathi
1) That the presentation by
Mr. Colin Service, Manager of Planning & Policy Development, entitled “A Framework for Allocation
Policy Development” be received.
2) That the report
“Allocation Policy” be received as information.
CARRIED
13. MARKHAM CIVIC CENTRE
ARTIFICIAL ICE RINK UPDATE (6.1)
Linda Irvine, Manager of Parks and Open Space Development gave a presentation on the proposed Civic Centre artificial ice rink, outlining the project components and displaying conceptual site plans and elevations. The architectural concept, retrofitting of existing washrooms, accessibility features, and site lighting and audio system were discussed. The ice surface will be converted to a reflecting pool during the summer months with an animated water fountain and furnishings. A year-round destination will be created, with a potential for outdoor theatre events at the amphitheatre. Asset Management staff will be analyzing the existing pond and will bring forward a report. An additional $600,000 in funding will be required for this project. Ms. Irvine discussed the preferred vendor, Cimco Eco Chill, and advised that staffs are seeking approval in principle.
The Committee had several questions, and consented to refer the following recommendation directly to Council on February 23, 2010 for consideration:
“1)
That the report dated February 22, 2010 and entitled
“Markham Civic Centre Artificial Ice Rink Update” be received; and,
2)
That the
attached Conceptual Site Plan as presented herein for the Markham Civic Centre
Artificial Ice Rink be approved in principle; and,
3) That staff proceed
with further detailed design work, preparation of working drawings, tendering
and tender award as required for the construction of the new ice rink and associated works; and,
4) That the Chief
Administrative Officer (CAO) be delegated authority to award the construction
tender to the successful bidder provided that the project is within budget or
can be made to come within budget through selected scope changes or price
negotiation with the lowest priced bidder; and,
4) That the Director of Planning and Urban Design
be delegated authority for Site Plan Approval; and,
5) That additional
funding in the amount of $600,000 be provided to this project and funded from
the Development Charges Reserve (90% of $600,000) and Lifecycle Replacement and
Capital Reserve Fund (10% of $600,000) and transferred to a Capital Project to
be set up separately; and,
6) 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
proceed with Cimco Eco Chill energy efficient refrigeration system to an upset
amount of $1,125,680; and,
7) That
staff in Asset Management be authorized to hire a consultant to investigate the
sediment in the Civic Centre pond including evaluating the quantity and quality
of the sediment and to develop a strategy for the eventual removal and disposal
of the sediment including cost implications. Asset Management staff will report
back to Council on whether this work should be undertaken coincident with this
ice rink project or not, and further,
8) That staff be
authorized and directed to do all things necessary to give effect to this
resolution.”
IN CAMERA MATTERS
The Committee consented to refer the following matter directly to Council on February 23, 2010 for consideration:
“That, in accordance with
Section 239 (2) (c) of the Municipal Act, General Committee resolve into
an in-camera session to discuss the following confidential matters:
1) A proposed or pending acquisition of land by the municipality or
board regarding the purchase of land for a regional sports park.”
ADJOURNMENT
The General Committee meeting adjourned at 11:35 a.m.