M I N U T E S
GENERAL COMMITTEE
May 17, 2010
Meeting
No. 15
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 Regional Councillor J. Virgilio Councillor V. Burke Councillor. E. Shapero Councillor D. Hamilton Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu |
J. Livey,
Chief Administrative Officer C.
Conrad, Town Solicitor J. Baird,
Commissioner of Development Services B.
Librecz, Commissioner of Community & Fire Services A.
Taylor, Commissioner of Corporate Services J.
Banfield, Human Resources Administrator A.
Brouwer, Deputy Clerk M.
Creighton, Director of Recreation Services N.
Daley, Manager, Human Resources D. Drimmel, Human Resources Consultant L.
Irvine, Manager, Parks & Open Space Planning N.
Kenea, Chief Information Officer K. Kitteringham, Town Clerk S. Laing, Director of Human Resources J. Lustig, Treasurer N. Marchant, Senior Human Resources Consultant N. Myles, Senior Compensation & Benefits Specialist R. Raman, Acting Director Financial Reporting C. Service, Manager, Planning & Policy Development V. Siu,
Senior Business Analyst M.
Urquhart, Manager of Environmental Leadership M. Visser,
Manager of Strategy, Innovation & Investments L. Wells, Manager, Programs K.
Bavington, Committee Clerk |
The General Committee convened at the hour of
9:03 a.m. with Regional Councillor J. Virgilio in the Chair for Finance and
Administrative Issues; Councillor A. Chiu Chaired Community Services related
issues; and
DISCLOSURE OF INTEREST
Councillor D. Horchik disclosed an interest with respect to Item # 22, the Pool Allocation Policy, with respect to his daughter being a swim coach for one of the swim clubs involved, and did not take part in the discussion of or vote on the question of the approval of such matters.
1. DIVERSITY
ACTION PLAN (11.7)
Inspector Ricky Veerapan, York Regional Police spoke in support of the Diversity Action Plan. He described the diverse composition of the 2,000 member Police Force and their diversity initiatives, including partnerships with most of the municipalities in the Region.
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That the deputation by Inspector Ricky Veerapan, York Regional Police, regarding the Diversity Action Plan be received.
CARRIED
2. DIVERSITY ACTION PLAN (11.7)
Janice Chu,
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1)
That the deputation by Janice
Chu,
CARRIED
3. DIVERSITY ACTION PLAN (11.7)
Bob Santos, Link Up Employment Services For Persons with Disabilities spoke in support of the Diversity Action Plan, and pledged his support for the impressive and ambitious recommendations.
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That the deputation by Bob Santos, Link Up Employment Services For Persons with Disabilities, regarding the Diversity Action Plan be received.
CARRIED
4. DIVERSITY
ACTION PLAN (11.7)
Vilvan
Gunasingham, Race Relations Committee of
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That the deputation by Vilvan Gunasingham, Race Relations Committee, regarding the Diversity Action Plan, and the resolution passed at the May 3, 2010 Race Relations Committee meeting (see item No. 10.) be received.
5. DIVERSITY
ACTION PLAN (11.7)
Nadine Daley,
Manager of Human Resources – Diversity, Compensation & Benefits, provided
an updated copy of the Draft Diversity Action Plan, and gave a presentation.
Ms. Daley stated that
This document represents a three-year effort, and appreciation was expressed to the Mayor and members of Council, Senior Staff and Human Resources staff for their contributions.
Ms. Daley described the Plan as a meaningful
and integrated strategic document shaping the Town’s efforts towards being an
inclusive organization and community, with a focus on social inclusion and
education. This initiative is interwoven with such documents as Markham 2020
Economic Plan, Growth Plan, the Green Print Sustainability Plan and Integrated
Leisure Master Plan as components of Social and Cultural well-being.
The project background began with a strategic planning session of Council and includes adoption of an Ontario Healthy Communities framework to build awareness and assess the Town. Ms. Daley gave an overview of the plan, detailed contents, and 12 key recommendations, many of which will build on existing Town documents and policies. Following today’s presentation and discussion an updated Plan will be presented to Council for endorsement, for the purpose of broad external stakeholder consultation over the summer of 2010. Detailed work plans will be developed with respect to business plans and costs.
The Committee discussed recognition of Native heritage and evolving demographics of the Town, based on 2006 census figures. It was suggested that a more diverse communications and public relations program be implemented, to reflect diverse communities and languages. Staff was requested to provide an explanation of “Kurzweil” units for the libraries, and to investigate alternate sources for current demographic figures.
The Committee
thanked and congratulated staff and all the partners involved, and noted that
Moved by Councillor L. Kanapathi
Seconded by Councillor E. Shapero
1) That the draft Markham Diversity Action Plan be received; and
2) That Council approve the draft Plan for the purposes of broad external stakeholder consultation; and further,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6. Joint Portal Project
- Phase 1- Go live (7.13)
Nasir Kenea, Chief Information Officer gave a presentation on the Joint Portal Project, displaying the
proposed look and explaining the functions of the website, and seeking approval
in principle to go-live with the new Markham website look and feel. He advised
that there are still some aspects that are being completed. The first phase
creates the platform, and the next phase will create a more client interactive,
dynamic portal service with potential application technology for the
future.
The web content will be
determined similarly to the current process via the Corporate Communications and
Community Relations Department, and the Communications Committee, with
established protocols. It was suggested that Regional information and links
such as Police and Transit services, be provided to make this the entry point
or a true ‘portal’. Staff was directed to ensure that the valuable space on the
front page is utilized advantageously.
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
1) That the presentation on the Joint Portal project be received; and,
2)
That
staff be given the approval, in principle, to go-live with the new
3) That staff continue to work with the Joint IT Sub-Committee & Communications Committee prior to go-live to finalize the new site look & feel; and further,
4) That staff be authorized and directed to do all things necessary to give effect to this resolution.
7. FRAMEWORK FOR THE ESTABLISHMENT
OF AN ELECTION COMPLIANCE
AUDIT COMMITTEE (14.0)
Report
Kimberley Kitteringham, Clerk, and Andrew Brouwer, Deputy Clerk were in attendance to give a brief presentation on the framework for the establishment of an Election Compliance Audit Committee. The legislative requirements under the Municipal Elections Act, 1996, and the framework, function and responsibilities of the Audit Committee were outlined. Staff reviewed the recommendations regarding the composition and recruitment process. It was noted that the Audit Committee could dismiss applications that it rules to be frivolous and vexation, and that Council could determine if such cases warrant cost recovery actions.
The Committee
discussed the option of using a joint Audit Committee with other
municipalities, however, the opportunity to participate in membership selection
has passed, and it was agreed that it is in
Discussions included the time limitation for applications, the term of the Audit Committee, and legislative requirement and duties of the Committee. The cost was reviewed and staff advised that this would be accommodated within the election budget.
Staff will carry out recruitment and interviews and present a preliminary slate of candidates from which Council will choose five appointees. The Committee emphasised that the candidates must have impeccable reputations, a record of public service, and be knowledgeable of election processes. It was agreed that special interest representatives would not be appropriate.
Moved by Deputy Mayor J. Heath
Seconded by Councillor J. Webster
1)
That the Report entitled “Framework
for the Establishment of an Election Compliance Audit Committee” be received;
and,
2)
That Council adopt the Terms of
Reference for an Election Compliance Audit Committee outlined in Appendix “A”;
and,
3)
That, following the recruitment
process, the Clerk report to Council in advance of the
4)
That Staff be authorized and
directed to do all things necessary to give effect to this resolution.
CARRIED
8. Draft 2009 Consolidated
Financial Statements (7.2)
Raj Raman, Acting Director Financial
Reporting, and Kevin Travers, Associate Partner, KPMG, were in attendance to
present on this matter.
Mr. Travers reviewed the significant issues relating to the 2009 Consolidated Financial Statements including Markham Enterprises Corporation (MEC), and relating to Tangible Capital Assets (TCA). Mr. Raman discussed the Public Sector Accounting Board (PSAB) requirements and implementation, and financial considerations.
Mr. Raman and Mr. Travers responded to the Committee’s questions regarding depreciation on capital assets and equity value for MEC in 2009. Staff suggested that a future meeting include an in-depth explanation of the latter issue.
Lorri Whetham, Kishor Soneji, and Sandra Skelcher were recognized for their exceptional work on this project.
Moved by Mayor F. Scarpitti
Seconded by Deputy Mayor J. Heath
1)
That the report “Draft 2009 Consolidated Financial Statements”
be received; and,
2)
That Council approve the Corporation of the Town of Markham’s Draft
Consolidated Financial Statements including
Markham Enterprises Corporation (MEC) for the fiscal year ended December
31, 2009; and,
3)
That Council authorize Staff to issue the Financial Statements (including
MEC) for the fiscal year ended December 31, 2009 upon receiving the auditors’ report; and,
4)
That Lorri Whetham, Kishor Soneji, and Sandra
Skelcher be recognized for their exceptional work on
this project, and further,
5)
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
9. MINUTES OF APRIL 12, AND 19, 2010
GENERAL COMMITTEE (16.0)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1)
That the Minutes of the April
12, and April 19, 2010 General Committee be received
CARRIED
10. MINUTES OF MAY 3, 2010
RACE RELATIONS COMMITTEE (16.0)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1) That the Minutes of the May 3, 2010 Race Relations Committee be received; and,
2) That Council endorse the following resolution passed at the May 3, 2010 Race Relations Committee Meeting:
That the Town of
CARRIED
11. MINUTES OF THE MAY 3, 2010
ENVIRONMENTAL ISSUES COMMITTEE
(16.0)
Mavis Urquhart, Manager of Environmental Leadership was in attendance to answer questions. The Committee questioned the wording of the proposed revised Terms of Reference for the Environmental Issues Committee (EIC), suggesting that “not limited to…” implies unlimited powers. Staff and the Chair of the EIC explained the intent of the amendments: to reflect changes in the Committee’s focus; to add duties related to the Trees for Tomorrow Fund; to update reference to former Committees in the composition of the EIC; and to clarify that Rouge Park issues are not included in its mandate.
The Committee also questioned the implications of “manage” and “administer” with respect to funding matters. It was agreed to defer the third clause of the resolution pending clarification from the Clerk on revisions to the Terms of Reference.
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1) That the Minutes of the May 3, 2010 Environmental Issues Committee be received; and
2)
That
MESF funding in the amount of $2,500 be awarded to Vicky McGrath, Director,
Sustainability Office, for the Legacy Community Garden Pilot Project, provided
that the funds not be released by the Sustainability Office to Legacy Organic
Garden until all necessary licensing, approvals and guideline requirements are
obtained and met; and further,
3) That the revised Environmental Issues
Committee Terms of Reference be referred to staff for comments and
clarification, and be brought back to General Committee.
CARRIED
12. MINUTES OF THE MAY 4, 2010
JOINT INFORMATION TECHNOLOGY
AND COMMUNICATIONS SUB-COMMITTEE (16.0)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1) That the Minutes of the May 4, 2010 Joint Information Technology and Communications Sub-Committee be received.
CARRIED
13. ADVISORY COMMITTEE RESIGNATIONS (16.24)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1)
That the
resignation of Councillor Dan Horchik from the Markham Centre Sub-Committee be
received with regret.
CARRIED
14. DEVELOPMENT
CHARGE
CREDIT REIMBURSEMENT APPLICATION -
JADE KENNEDY DEVELOPMENT CORPORATION (7.11)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1)
That the report entitled “Development Charge
Credit/Reimbursement Application – Jade Kennedy Development Corporation” be received; and,
2)
That Council authorize Town Wide Hard Development
Charge credits not exceeding $538,647.55 to Jade Kennedy Development Corporation, in accordance with the Town’s
Development Charge Credit Policy for the cost of land acquisition and
construction of South Unionville Avenue extension; and,
3)
That Council authorize Area Specific Development
Charge credits and reimbursement not exceeding $3,362,338.94 to Jade Kennedy Development
Corporation for the cost of land acquisition and construction of a storm water
management facility; and,
4)
That the Mayor and Clerk be
authorized to execute a development charge credit and reimbursement agreement
with Jade Kennedy
Development Corporation, or their successors in
title to the satisfaction of the Treasurer and Town Solicitor; and further,
5)
That staff be directed to do
all things necessary to give effect to this report.
CARRIED
15. Development
Charge
Reimbursement Application –
Greensborough Landowners Group (7.11)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1)
That the report entitled “Development Charge
Reimbursement Application – Greensborough Landowners Group” be received; and,
2)
That Council authorize a Town Wide Hard Development
Charge reimbursement of $1,867,105.82 to the Greensborough Landowners Group for the construction of public works
relating to sidewalks and the extension of Castlemore Avenue in the
Greensborough community; and,
3)
That Council authorize the reimbursement of
$1,867,105.82 to be paid from the Town Wide Hard Development Charge Reserve;
and,
4)
That
Engineering fees in the amount of $93,046.28 be transferred from the Town Wide
Hard Development Charge Reserve to the Engineering Fees account; and,
5)
That
the Mayor and Clerk be authorized to execute a Development Charge Reimbursement
Agreement with the Greensborough Landowners Group, or their successors in
title; and further,
6)
That
staff be directed to do all things necessary to give
effect to this report.
CARRIED
16. 2010 First
Quarter Investment
Performance Review (7.2)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1) That the report dated April 23, 2010 entitled “2010 First Quarter Investment Performance Review” be received.
CARRIED
17. 2009 Hedging Contract Results (7.2)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1) That the report dated May 17, 2010 entitled “2009 Hedging Contract Results” be received; and,
2) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
18. 2010 Unionville Business improvement
area Operating Budget (7.4)
The Committee questioned the summer concert series, which is listed in the budget for $20,000, an increase of $10,000 over 2009. An e-mail response from Tracy McKinnon of the Unionville Business Improvement Area (UBIA) was read, advising that the 2010 Unionville Summer Concert Series will consist of performances on Main Street, not the Bandstand, due to funding deadline issues. It was advised that the Town is arranging some concert events for Bandstand.
The Committee questioned if the UBIA discussed the budget in at least one full membership meeting, as required by legislation. The Treasurer was directed to provide confirmation from the UBIA in writing on this matter as well as a copy of the UBIA meeting minutes when it goes forward to Council on May 25, 2010.
Concern was expressed for the ongoing role of Council with respect to budget approval and program control. Staff advised that the provision and approval of the budget by Council is legislated, and Council has the right to approve or not approve, but cannot add items. The Committee requested further background information at the BIA workshop to be held in the future.
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
1) That the following recommendation be referred to Council on May 25, 2010, to allow staff to provide updated information:
a) That the report entitled
“2010 Unionville B.I.A. Operating Budget” dated May 17, 2010 be received; and,
b)
That the 2010 Operating Budget in the amount of $237,384 for the
Unionville B.I.A. be approved; and,
c)
That the Special Tax Rate levy, in the amount of $199,500, for the
Unionville B.I.A. members be included in the 2010 Tax Levy By-law; and further,
d)
That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
19. 2010 Markham Village Business
Improvement Area Operating Budget (7.4)
The Committee questioned if the Markham Village BIA discussed the budget in at least one full membership meeting, as required by legislation. The Treasurer was were directed to provide confirmation from the BIA in writing on this matter as well as a copy of the BIA meeting minutes when it goes forward to Council on May 25, 2010.
The Committee also requested clarification of the increase in salaries and benefits by $31,209 and the decrease in Professional and Audit fees by $30,000.
Concern was expressed for the ongoing role of Council with respect to budget approval and program control. Staff advised that the provision and approval of the budget by Council is legislated, and Council has the right to approve or not approve, but cannot add items. The Committee requested further background information at the BIA workshop to be held in the future.
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
1) That the following recommendation be referred to Council on May 25, 2010, to allow staff to provide updated information:
a)
That the report entitled “2010
b)
That the 2010 Operating Budget in the amount of $251,107 for the
c)
That the Special Tax Rate levy, in the amount of $215,327, for the
Markham Village B.I.A. members be included in the 2010 Tax Levy By-law; and
further,
d)
That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
20. 2010
Business Improvement
Areas Levy Bylaw (7.3)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
1) That the following recommendation be referred to Council on May 25, 2010, to allow staff to provide updated information:
a)
That a by-law be approved to provide for the levy and collection of
a 2010 special charge against all rateable property in a business property
class in the Unionville Business Improvement Area in the amount of $199,500 and
in the Markham Business Improvement Area in the amount of $215,327; and,
b)
That staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
21. March 2010 Year-To-Date
Review of Operations (7.4)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
1) That the report dated May 17, 2010 entitled “March 2010 Year-To-Date Review of Operations” be received.
CARRIED
22. POOL
ALLOCATION POLICY- 2010 (6.4)
Councillor D. Horchik disclosed an interest with respect to the Pool Allocation Policy with respect to his daughter being a swim coach for one of swim clubs involved, and did not take part in the discussion of or vote on the question of the approval of such matters.
Mike Czestochowski of the Markham Aquatic Club made a deputation regarding the proposed pool allocation. Phil Bowmile of the Mallard Swim Team read a letter from all five swim clubs, advising that the clubs had been thoroughly consulted and had been actively involved in the development of the proposed policy. They found the process to be inclusive and open. The clubs endorse the allocation policy, but all agree that the current allotment of time does not satisfactorily meet the needs of the community and requested support for the proposed revised schedule submitted with the letter.
Colin Service, Manager, Planning & Policy
Development gave a presentation, outlining the background to this policy, the
consultation process, and the guiding principles. With respect to the swim clubs’
requested schedule, it would impact public swimming by displacing 2,500
swimming lesson participants. The Town currently allocates a total of 17% of
all available time to user groups, which is average among GTA municipalities.
The Town is planning three new pools which will help considerably.
The Committee and staff had lengthy discussions on alternatives, prime time accommodations, status quo attributes, clarification of the terms and programs, and the possibilities and problems involved in making arrangements with private facilities. It was suggested that future condominium development should include consideration of this aspect. Staff was directed to provide a comparison of staffs’ recommendation and the swim clubs’ proposal, prior to this matter being considered by Council.
The Committee expressed appreciation to staff and the swim clubs for working together on this matter, and noted that the Aquatic Advisory Committee is continuing to work towards improved opportunities. The Chair of the Advisory Committee was also acknowledged with appreciation.
Moved by Mayor F. Scarpitti
Seconded by Councillor C. Moretti
1)
That the
deputations by Mike Czestochowski of the Markham
Aquatic Club, and Phil Bowline of the Mallard Swim Team regarding the Pool
Allocation Policy, be received; and
2) That the report entitled “Pool Allocation Policy, 2010” be received; and,
3) That Council endorse the Pool Allocation Policy, giving staff the authority to allocate time in pools in accordance with the policy; and,
4) That Council endorse Schedule A - Percentage of Time to be Allocated; and further,
5) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
23. Agreement
for Saint Roberts
Artificial Turf Field and Bubble (6.4)
The Committee and staff discussed that this is a significant investment and compared it to arrangements with another facility. It was indicated that the agreement was not entirely satisfactory; however, there are some benefits with respect to maintenance. It was requested that three-stream waste program be promoted. The Committee thanked staff for their work on this issue.
Moved by Councillor D. Hamilton
Seconded by Deputy Mayor J. Heath
1) That the report entitled “Agreement for Saint Roberts Artificial Turf Field and Bubble” be received; and,
2) That Council authorize the Mayor and Clerk to execute a joint use and maintenance agreement with the York Catholic District School Board (YCDSB) in respect of the Saint Roberts Secondary School Artificial Turf Field and Seasonal Bubble, in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor; and further,
3) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
RECESS FOR VARLEY MCKAY ART FOUNDATION
ANNUAL GENERAL MEETING
Moved by
Councillor A. Chiu
Seconded
by Councillor C. Moretti
That the General Committee recess
at 12:45 p.m. to hold the Varley McKay Art Foundation Annual General Meeting.
CARRIED
The General Committee reconvened at 1:15 p.m.
and completed the agenda.
24. LEITCHCROFT COMMUNITY PARK:
A RESEARCH AND DESIGN PROCESS
Linda Irvine, Manager, Parks & Open Space Planning, and Wendy Gold and Job Rutgers of OpenCity Projects made a presentation regarding the proposed Leitchcroft Park, located in the community north of Highway 407, south of Highway 7, and east of Leslie Street. The objective is to create unique cultural connections within the park experience that appeal to the town’s extremely diverse population, now and in the long term. The focus of this phase is on engaging the public and reaching out to their history, culture, backgrounds, and needs.
The presentation included the research approach, changing demographics, cultural patterns, park layout and furniture, shade structures, waterworks, lighting, signage, vibrancy, inclusivity, authenticity, and personality.
The Committee discussed profiling to plan parks for future developments where the residential cultural composition has not been established. Staff briefly reviewed the proposed major components of the park, discussed tree planting, and advised that off-leash dog areas would not be appropriate for the size of this park. This plan will be coming back to General Committee before it goes out to Tender.
The Committee complimented staff and the consultants for their work on this project and efforts to engage the public. Staff was requested to provide colour renderings to the Committee.
Moved by Councillor E. Shapero
Seconded by Councillor L. Kanapathi
1)
That the presentation by Ms.
Linda Irvine, Manager,
Parks & Open Space Planning, and Wendy Gold and Job
Rutgers of OpenCity Projects, entitled “Leitchcroft Park: Research &
Design” be received.
CARRIED
NEW BUSINESS
25. COUNCIL ISSUE (16.23)
A Committee member brought forward an issue
relating to an article in the Markham Economist and Sun newspaper on May 13,
2010, that quoted a member of Council. Concern was expressed for the implications
towards Council members with respect to election contributions and decisions that
are made, and transparency issues. It was suggested that an apology from the
Council member responsible for the quote in the article would be appropriate,
as well as a retraction by the newspaper. A motion may be brought forward at
Council.
The scope and application of Section 3.10 of the Procedural By-law (By-law 2001-1) “Conduct of Members” was raised. It was clarified that By-law 2001-1 is intended to govern the calling, place and proceedings of meetings of Council and its committees and not conduct of Members in general.
26.
JESSAMYN HOLDINGS INC. EXPROPRIATION
(10.7)
The
Committee requested a status update be provided at the June 7, 2010 General
Committee meeting, regarding the Jessamyn Holdings Inc. expropriation issue,
which has been on-going for several years.
ADJOURNMENT
The General Committee adjourned at 2:40 p.m.