Electronic General Committee Meeting Minutes

Meeting Number: 7

Monday, April 04, 2022 at 9:30 A.m. - 1:00 P.m.

Live streamed

Roll Call

• Mayor Frank Scarpitti
• Deputy Mayor Don Hamilton
• Regional Councillor Jack Heath
• Regional Councillor Joe Li
• Regional Councillor Jim Jones
• Councillor Keith Irish
• Councillor Alan Ho
• Councillor Reid McAlpine
• Councillor Karen Rea
• Councillor Andrew Keyes
• Councillor Amanda Collucci
• Councillor Khalid Usman
• Councillor Isa Lee

Staff

• Andy Taylor, Chief Administrative Officer
• Trinela Cane, Commissioner, Corporate Services
• Arvin Prasad, Commissioner, Development Services
• Claudia Storto, City Solicitor and Director of Human Resources
• Joel Lustig, Treasurer
• Bryan Frois, Chief of Staff
• Kimberley Kitteringham, City Clerk
• Martha Pettit, Deputy City Clerk
• Adam Grant, Fire Chief
• Mary Creighton, Director, Recreation Services
• Frank Clarizio, Director, Engineering
• Biju Karumanchery, Director, Planning ＆ Urban Design
• Alex Moore, Manager of Purchasing & Accounts Payable
• Morgan Jones, Commissioner, Community Services
• Shane Manson, Senior Manager, Revenue & Property Taxation
• Rob Cole, Acting Chief Information Officer
• Eddy Wu, Acting Director, Environmental Services
• Hristina Giantsopoulos, Election/Council & Committee Coordinator
• Scott Chapman, Manager, Elections
• Terence Tang, Technology Support Specialist II
• Sumon Acharjee, Chief Information Officer
• T'Jon Trudge, Technology Support Specialist I
• Alice Lam, Director, Operations
• David Plant, Sr. Mgr, Parks, Horticulture & Forestry

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1.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging the traditional territories of Indigenous peoples and their commitment to stewardship of the land. We acknowledge the communities in circle. The North, West, South and Eastern directions, and Haudenosaunee, Huron-Wendat, Anishnabeg, Seneca, Chippewa, and the current treaty holders Mississaugas of the Credit peoples. We share the responsibility with the caretakers of this land to ensure the dish is never empty and to restore relationships that are based on peace, friendship, and trust. We are committed to reconciliation, partnership and enhanced understanding.

Under the authority of the COVID-19 Economic Recovery Act, 2020 (Bill 197) and the City of Markham's Council Procedural By-law 2017-5, this meeting was conducted electronically with members of General Committee, staff, and members of the public participating remotely.

General Committee convened at 9:36 AM with Regional Councillor Jack Heath presiding as Chair for all items on the agenda.  

Councillor Alan Ho left the meeting at 2:30 PM.

2.

DISCLOSURE OF PECUNIARY INTEREST

There were none disclosed.

3.

APPROVAL OF PREVIOUS MINUTES

There were no minutes on this agenda.

4.

DEPUTATIONS

Councillor Ho raised this item of New Business at a previous General Committee Meeting on March 21, 2022, however the deputant was unable to attend.   The Committee voted in favour by a two-thirds vote to permit Mr. Hamza to make a deputation at this meeting.

Mr Hamza Minhas, addressed the Committee to raise concerns regarding snow clearing of pathways adjacent to schools.  He indicated that the Coledale Public School pathway should be cleared as it is used regularly by residents and their children and that it poses safety concerns in the winter.   

The Committee thanked the deputant for attending today's meeting and his deputation.

There was a deputation in relation to Item 10.2 2022 Municipal Election Overview Information Report from Kenneth Ng.  Please refer to that item for details. 

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Khalid Usman

  That Mr. Minhas Hamza be permitted to make a deputation for an item that is not on the agenda and in relation to pathway snow clearing.

  Carried by a Two Thirds Vote
• Moved by Councillor Amanda Collucci
  Seconded by Councillor Isa Lee

  That the deputation from Minhas Hamza be received.

  Carried

5.

COMMUNICATIONS

5.1

YORK REGION COMMUNICATIONS (13.4)

The Committee made inquiries related to the following communications:

• f. 2022 Transportation Master Plan - Draft
• h. 2022 Property Tax Ratios
• i. 2022 Property Tax Rates

• Moved by Councillor Alan Ho
  Seconded by Mayor Frank Scarpitti
  1. That the following communications dated March 28, 2022 from York Region be received for information purposes:
     1. Community Safety Zone By-Law Amendments
     2. 2021 Drinking Water Systems Report
     3. 2021 Integrated Management System update Report for Water, Wastewater and waste management
     4. York Region Response Draft Federal Single Use Plastics Prohibition Regulation
     5. Regional Council Decision - Review of Regional Winter Maintenance - Roles and Responsibilities
     6. 2022 Transportation Master Plan - Draft
     7. 2022 Development Charges By-Law and Background Study
     8. 2022 Property Tax Ratios
     9. 2022 Property Tax Rates
     10. Sex Trafficking - Legislation Jurisdiction Enforcement and Victim Support
     11. Affordable Private Market Housing Implementation Plan - Approach and Timelines
  Carried

6.

PETITIONS

There were no petitions.

7.

CONSENT REPORTS - FINANCE & ADMINISTRATIVE ISSUES

7.1

MINUTES OF THE JANUARY 12 AND FEBRUARY 16, 2022 UNIONVILLE BUSINESS IMPROVEMENT AREA MEETING (16.0)

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Jim Jones
  1. That the minutes of the January 12, 2022 and February 16, 2022 Unionville Business Improvement Area meeting be received for information purposes.
  Carried

7.2

MINUTES OF THE JANUARY 24, 2022 MARKHAM PUBLIC LIBRARY BOARD MEETING (16.0)

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Jim Jones
  1. That the minutes of the January 24, 2022 Markham Public Library Board meeting be received for information purposes.
  Carried

7.3

242-T-21 WEST THORNHILL PHASE 3C - STORM SEWERS AND WATERMAIN REPLACEMENT (7.12)

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Jim Jones
  1. That the report entitled “Award of Construction Tender 242-T-21 West Thornhill – Phase 3C Storm Sewers and Cast Iron Watermain Upgrades” be received; and,
  2. That the contract for Tender 242-T-21 West Thornhill – Phase 3C Storm Sewers and Cast Iron Watermain Upgrades be awarded to the lowest priced Bidder, GFL Infrastructure Group, in the amount of $15,762,313.46, inclusive of HST; and,
  3. That a 10% contingency in the amount of $1,576,231.35 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That the construction award in the amount of $17,338,544.80 ($15,762,313.46 + $1,576,231.35) be funded from the following capital projects:
     1. 058-6150-22190-005 “West Thornhill Flood Control Implementation - Phase 3C Construction”; and,
     2. 053-5350-22204-005 “CI Watermain Replacement – West Thornhill Phase 3C – Construction & CA” as outlined under the financial considerations section in this report; and,
  5. That the shortfall of $1,070,646.86 in project #22190 “West Thornhill Flood Control Implementation - Phase 3C Construction” be funded from the Stormwater Fee Reserve and shortfall of $1,687,191.65 in project #22204 “CI Watermain Replacement – West Thornhill Phase 3C – Const. & CA” be funded from Waterworks Reserve; and,
  6. That a 5-year moratorium be placed on any major servicing and utility installation along restored areas including Glen Cameron Road (from Henderson Ave to Yonge St), Clark Avenue (40 m west of Willowdale Blvd to Henderson Ave), Mira Road, Lilian Avenue (from Clark Ave to Pheasant Valley Crt), and Pheasant Valley Crt including Cul-de-sac; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

7.4

REQUEST FOR PROPOSAL 216-R-21 CUSTODIAL SUPPLIES (YORK PURCHASING COOPERATIVE CONTRACT (CRFP-06-2021) FOR RECREATION SERVICES AND FIRE AND EMERGENCY (7.0)

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Jim Jones
  1. That the report entitled “Request for Proposal 216-R-21 Custodial Supplies (York Purchasing Cooperative Contract (CRFP-06-2021) for Recreation Services and Fire and Emergency” be received; and,
  2. That the contract for Request for Proposal 216-R-21 Custodial Supplies (York Purchasing Cooperative Contract (CRFP-06-2021) for Recreation Services and Fire and Emergency Services be awarded to the highest ranked, second lowest bidder, Swish Maintenance Limited for a term of three (3) years and four (4) months in the total estimated amount of $1,543,333 inclusive of HST; and,
     • April 1, 2022- March 31, 2023 - $463,000
     • April 1, 2023- March 31, 2024 - $463,000
     • April 1, 2024- March 31, 2025 - $463,000
     • April 1, 2025- July 31, 2025 - $154,333

       Total: $1,543,333

  3. That the contract include an option for the City (in its sole discretion) to extend the contract for up to two (2) additional one (1) year terms. All pricing will be firm for the first sixteen (16) months of the contract and prices in years two, three, four and five will be subject to Consumer Price Index (CPI) increases (All-Items Ontario March) to a maximum of 3%; and,
  4. That the Director of Recreation, Fire Chief, and Senior Manager of Procurement & Accounts Payable be authorized to extend the contract for an additional two (2) one year periods subject to Council’s approval of the annual operating budget, vendor performance, and an increase based on the CPI (All-Items Ontario March) to a maximum of 3%; and
  5. That the award be funded from the various operating budgets within the Recreation Services and Fire and Emergency Services annual operating budget, subject to Council approval of the 2023-2025 operating budgets; and,
  6. The remaining estimated budget of $37,000 will be required if actual quantities are higher than estimated. Staff will monitor the expenditure and future operating budgets will be adjusted accordingly, subject to Council approval of the 2023-2025 operating budgets; and further, 
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.

CONSENT REPORTS - ENVIRONMENT & SUSTAINABILITY ISSUES

8.1

PILOT PRIVATE PLUMBING PROTECTION REBATE PROGRAM UPDATE (5.7)

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Jim Jones
  1. That the report titled “Private Plumbing Protection Rebate Program Update” be received; and,
  2. That Staff be authorized to extend the Private Plumbing Protection Rebate Program for an additional five years from May 1, 2022 to April 30, 2027; and,
  3. That project 18324 5P - Pilot Private Plumbing Protection Program be increased from $1,370,000 to $2,249,744 for the five-year program extension with the additional $879,744.00 funded through the Stormwater Fee Reserve; and, 
  4. That the consulting engineering services required to support the five-year program extension be continued with R.V. Anderson & Associates Limited with the remaining funds under their existing contract; and,
  5. That the tendering process for the additional consulting engineering services required to support the five-year program extension be waived, in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1(c), Non-Competitive Procurement which states “when the extension of an existing Contract would prove more cost effective or beneficial”; and
  6. That Staff report back to Council after the five-year extension period to assess the further extension of the program; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.

PRESENTATIONS - COMMUNITY SERVICES ISSUES

9.1

LYMANTRIA DISPAR DISPAR EGG MASS REMOVAL UPDATE (5.0)

David Plant, Sr. Manager Parks Horticulture and Forestry. addressed the Committee and provided a presentation, Lymantria Dispar Dispar (LDD) Egg Mass Removal Update, which provided an overview of the work done so far to mitigate the impact of LDD on the City’s trees this season including preparation of the free burlap kit distribution in Spring.  He highlighted that 29,000 trees have been vacuumed across the City and that this will help reduce the LDD population this season. He also advised that the new name for this moth species is, spongy month and that new communications will reflect this change across the City and York Region.        

   

• Moved by Councillor Karen Rea
  Seconded by Councillor Andrew Keyes
  1. That the presentation titled ‘Lymantria Dispar Dispar Egg Mass Removal Update’  dated April 4, 2022 be received for information.
  Carried

10.

REGULAR REPORTS - FINANCE & ADMINISTRATIVE ISSUES

10.1

BUILDING MARKHAM'S FUTURE TOGETHER (BMFT) UPDATE ON 2021 (7.0)

Andy Taylor, Chief Administrative Officer, addressed the Committee and provided a brief overview of the City's continuous service provisions during the pandemic.  Mr. Taylor thanked all staff for their commitment to service excellence and Members of Council for their support and advice over the last 4 years.  He introduced Bryan Frois, Manager, Executive Operations & Strategic Initiatives, who shared a short video and delivered a presentation entitled, Building Markham's Future Together (BMFT) Update on 2021, which provided an overview of the City's accomplishments in 2021.  

There was a brief discussion on the following:

• That there be consideration to provide more data/results on future updates where the accomplishments are related to a key action;
• A suggestion that recommendations include how to improve satisfaction ratings; and,
• That any gaps on work that is still being conducted be identified. 

The Committee acknowledged the work done by staff to carry out the priorities of the term of Council, in the midst of a global pandemic.  

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Amanda Collucci
  1. That the report entitled Building Markham’s Future Together (BMFT) 2020 – 2023 Strategic Plan Update be received; and,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

10.2

2022 MUNICIPAL ELECTION OVERVIEW INFORMATION REPORT  (14.0)

Scott Chapman, Manager, Elections, delivered an information presentation on the 2022 Municipal Election, which included an overview of Elections Markham, key dates and milestones, voting options, and 2022 service enhancements. 

The Committee thanked staff for their work and discussed the following relative to the presentation:

• The rules surrounding the provision of paper ballots through the Elections Markham Returning Office;
• The public health and safety protocols to be implemented for in-person Voting Places in consideration of potential future waves of Covid-19;
• The timetable for the issuance of candidate contribution rebates post-election;
• The details regarding the modified special ballots to be provided for identified long-term care and retirement residents;
• The timing and process for the tabulation/publication of election results following the close of voting on Final Voting Day;
• The independent role and authority of the Returning Officer relative to the administration of the election;
• The process by which Markham voters can check, add, or update their information to be Voters’ List;
• The selection criteria around Voting Places;
• The availability of voting results by ward from the 2018 Municipal Election;
• Protocols and provisions in place around election security and vote integrity;
• The quality of the Voters’ List;
• The leveraging of digital tools to address the spread of misinformation and ensuring accurate messaging around the election on social media Campaign fundraising and post-election financial statement deadlines; and,
• The rules around the Use of Corporate Resources for Election Purposes Policy.

The Committee heard a deputation from Kenneth Ng who inquired about the availability of in-person voter assistance during the voting period as well as the availability of poll-by-poll election results for candidate.

Returning Officer Kimberley Kitteringham and Scott Chapman, Manager, Elections responded to a series of questions from Committee and to the questions from the deputant.  

• Moved by Councillor Amanda Collucci
  Seconded by Councillor Alan Ho
  1. That the presentation titled ‘2022 Municipal Election Information Presentation’ dated April 4, 2022 be received for information; and,
  2. That the deputation from Kenneth Ng be received.
  Carried

11.

REGULAR REPORTS - COMMUNITY SERVICES ISSUES

11.1

AODA IMPACTS TO PLAYGROUND REPLACEMENTS (7.0)

The Committee thanked staff for bringing this report forward so quickly and inquired about the implementation of the replacement equipment and that there be a focus on underserved playgrounds City wide.  

Staff advised that this consideration has been built into the replacement program. 

The Committee requested a friendly amendment for staff to provide an additional cost analysis to address the replacement of all remaining City playgrounds for AODA compliance by the end of 2026.   

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Reid McAlpine
  1. That the report “Replacement of City Playgrounds for AODA (Accessibility for Ontarians with Disabilities Act) Compliance” be received; and, 
  2. That Council endorse the “Replacement of City Playgrounds for AODA Compliance” plan for an estimated amount of $935,817 in 2023, $977,643 in 2024, $917,923 in 2025 and $571,441 in 2026 plus related Consulting and Contingency for a total of $3,751,613 to address the AODA playgrounds compliant timelines from 2023 to the end of 2026; and,
  3. That the Playground Replacement for AODA Compliance be funded from the Facility Ramp Up Reserve, subject to Council approval of future budgets; and,
  4. That the incremental operating budget for engineered wood fiber top-up be increased in the amount of $4,554 in 2024, $9,522 in 2025, $14,766 in 2026 and $18,124 in 2027 respectively subject to Council approval; and,
  5. That as part of the 2023 Capital Budget Pre-Approval process, staff will present for Council consideration:
     1. A 2023 capital project with a proposed budget of $935,817 in accordance with the Playground Replacement for AODA Compliance program; and,
     2. A 2023 capital project with a proposed budget of $170,141 to engage the services of an external consultant to prepare site drawings and specifications for tender, project oversight and contract administration as well as inspections over four years; and,
  6. That staff provide an additional cost analysis to address the replacement of all remaining City playgrounds for AODA compliance by the end of 2026; and further, 
  7. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

12.

MOTIONS

There were no motions.

13.

NOTICES OF MOTION

There were no notices of motion.

14.

NEW/OTHER BUSINESS

There was no new or other business.

15.

ANNOUNCEMENTS

 

16.

CONFIDENTIAL ITEMS

Claudia Storto, City Solicitor addressed the Committee and advised that a confidential session is necessary to relay timely and confidential information. 

The Committee consented to resolve into confidential session at 3:17 PM. 

• Moved by Councillor Khalid Usman
  Seconded by Councillor Amanda Collucci

  That, in accordance with Section 239 (2) of the Municipal Act, General Committee resolve into a confidential session to discuss the following matter:

  Carried as Amended by a Two Thirds Vote of Members Present

16.1

INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A PROVINCE OR TERRITORY OR A CROWN AGENCY OF ANY OF THEM – TRANSIT ORIENTED COMMUNITY (WARD 1) [SECTION 239 (2) (h)] (13.2)

The Committee consented to receive the presentation.  

17.

ADJOURNMENT

• Moved by Councillor Amanda Collucci
  Seconded by Deputy Mayor Don Hamilton

  That General Committee adjourn at 5:11 PM.  

  Carried