General Committee Meeting Minutes

Meeting Number: 15

Tuesday, June 06, 2023 at 12:30 P.m. - 4:30 P.m.

Live streamed

Roll Call

• Mayor Frank Scarpitti
• Deputy Mayor Michael Chan
• Regional Councillor Jim Jones
• Regional Councillor Joe Li
• Regional Councillor Alan Ho
• Councillor Keith Irish
• Councillor Ritch Lau
• Councillor Reid McAlpine
• Councillor Karen Rea
• Councillor Andrew Keyes
• Councillor Amanda Collucci
• Councillor Juanita Nathan
• 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
• Bryan Frois, Chief of Staff
• Adam Grant, Fire Chief
• Stephanie DiPerna, Director, Building Standards
• Ned Sirry, Acting Chief Information Officer
• Mary Creighton, Director, Recreation Services
• Frank Clarizio, Director, Engineering
• Graham Seaman, Director, Sustainability & Asset Management
• Shane Manson, Senior Manager, Revenue & Property Taxation
• Mark Visser, Sr Manager Strategy Innovation ＆ Investments
• Eddy Wu, Acting Director, Environmental Services
• Hristina Giantsopoulos, Election/Council & Committee Coordinator

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1.

CALL TO ORDER

General Committee convened at 12:40 PM with Councillor Keith Irish presiding as Chair. 

The Chair provided opening remarks and commenced the meeting by reading the Indigenous Land Acknowledgement.

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 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.

The Committee recessed at 2:54 PM and reconvened at 3:10 PM.

2.

DISCLOSURE OF PECUNIARY INTEREST

There were none disclosed. 

3.

APPROVAL OF PREVIOUS MINUTES

There were no minutes on this agenda.  The May 23, 2023 minutes will be included on the June 20, 2023 General Committee Meeting Agenda for consideration.

4.

DEPUTATIONS

There were deputations in relation to 9.1 and 11.1.  Please refer to these items for details.  

5.

COMMUNICATIONS

5.1

YORK REGION COMMUNICATIONS (13.4)

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Isa Lee
  1. That the following communications dated May 23, 2023 from York Region be received for information purposes:
     1. 2019 to 2023 Strategic Plan Final Year 4 (2022) Progress Report
     2. Bill 97 Proposed Legislative Changes
     3. 2022 Regional Centres and Corridors Update
     4. Community Investment Fund – Recommended Priorities
     5. 2021 and 2022 Paramedic Response Time Performance Plan Final Results
     6. Update to Parking and Stopping on Regional Roads Bylaw
     7. 2022 Regional Greening Strategy Achievements
  Carried

6.

PETITIONS

There were no petitions.

7.

CONSENT REPORTS - FINANCE & ADMINISTRATIVE MATTERS

7.1

MINUTES OF THE JANUARY 25, FEBRUARY 22, MARCH 8 AND MARCH 29, 2023 UNIONVILLE BUSINESS IMPROVEMENT AREA BOARD MEETING (16.0)

• Moved by Councillor Reid McAlpine
  Seconded by Regional Councillor Jim Jones
  1. That the minutes of the January 25, February 22, March 8 and March 29, 2023 Unionville Business Improvement Area Committee meeting be received for information purposes. 
  Carried

7.2

STATUS OF CAPITAL PROJECTS AS OF MARCH 31, 2023 (7.5)

• Moved by Councillor Reid McAlpine
  Seconded by Regional Councillor Jim Jones
  1. That the report dated June 6, 2023 titled “Status of Capital Projects as of March 31, 2023 be received"; and,
  2. That the Projects Completed within Scope with Surplus Funds and the Projects Completed within Scope without Surplus Funds, as identified on Exhibit B, be approved for closure and funds in the amount of $3,986,605 be transferred to the original sources of funding as identified on Exhibit B; and,
  3. That the Projects Closed, and Not/Partially Initiated, as identified on Exhibit C, be approved for closure and funds in the amount of $128,329 be transferred to the original sources of funding as identified in Exhibit C; and,
  4. That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $758,809 to the approved amount of $250,000; and,
  5. That the Engineering Capital Contingency Project be topped up from the Development Charges - City-Wide Hard Reserve by $156,827 to the approved amount of $100,000; and,
  6. That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $47,912 to the approved amount of $100,000; and,
  7. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $148,680 to the approved amount of $100,000; and,
  8. That the Staff approved draws from Other Reserves as part of the Capital Contingency process in the amount of $99,208 be received; and,
  9. That the funding source for $55,000 in Project 23155 - Low-Carbon Vehicle Policy Study and Strategy, originally to be funded by Federation of Canadian Municipalities (FCM) grant, be changed from FCM grant to Markham Energy Conversation Office (MECO) fund; and,
  10. That the following new capital projects, initiated subsequent to the approval of the 2023 capital budget, be received:
      • Project 22354 – Emergency Repairs – Cornell Pool – Budget of $50,000 to be funded from the Non-DC Capital Contingency; and, 
      • Project 23300 – Development Fee and Building Bylaw Review – Budget of $121,105 to be funded by Development Fees; and further, 
  11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

7.3

STAFF AWARDED CONTRACTS FOR THE MONTH OF APRIL 2023 (7.12)

The Committee made an inquiry regarding Contract # 288-S-22,  Hiring Additional Locate Services Provider. 

• Moved by Councillor Karen Rea
  Seconded by Councillor Isa Lee
  1. That the report entitled “Staff Awarded Contracts for the Month of April 2023” be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

7.4

THORNLEA POOL - TANK REPAIR, WATER PROOFING AND TILE REPLACEMENT UPDATE (6.0)

• Moved by Councillor Reid McAlpine
  Seconded by Regional Councillor Jim Jones
  1. That the report entitled “Thornlea Pool - Tank Repair, Water Proofing and Tile Replacement Update” be received; and,
  2. That the contract for the Thornlea Tank Repair and Tile Replacement be awarded to Canada Construction Limited in the amount of $832,905.60 inclusive of HST; and,
  3. That a contingency in the amount of $83,290.56 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That a budget in the amount of $79,372.80 inclusive of HST, be allocated for the purchase of tile for this project; and, 
  5. That the cost of $995,568.96 ($832,905.60 + $83,290.56 + $79,372.80) be funded from Thornlea Pool Restoration Capital project 21208, which has an available budget of $703,396.00; and,
  6. That the budget shortfall in the amount of $292,172.96 ($995,568.96 - $703,396.00) be funded from Lifecycle Replacement Reserve; and,
  7. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (c) which states “when the extension of an existing Contract would prove more cost-effective or beneficial” and (g) where it is in the City’s best interest not to solicit a competitive Bid; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.

CONSENT REPORTS - ENVIRONMENT & SUSTAINABILITY MATTERS

8.1

QUALITY MANAGEMENT SYSTEM MANAGEMENT REVIEW (5.3)

• Moved by Regional Councillor Joe Li
  Seconded by Deputy Mayor Michael Chan
  1. That the report titled “Quality Management System Management Review” be received; and,
  2. That Council, as the Owner of the City’s drinking water system, acknowledge and support the outcome and action items identified from the Management Review; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.

PRESENTATIONS - FINANCE & ADMINISTRATIVE MATTERS

9.1

BY-LAW ENFORCEMENT SERVICE DELIVERY REVIEW  (2.0)

Trinela Cane, Commissioner, Corporate Services, addressed the Committee to provide opening remarks and advised that the City was successful in securing funding from the Province for a comprehensive review of by-law services that began in late 2022 which included detailed analysis, municipal comparisons as well as an external survey.  She introduced Tammy Carruthers, Principal and Chief Executive Officer, WSCS Consulting, who presented the By-law Enforcement Service Delivery report that provided an overview of the project objectives, service profiles, consultation and findings summaries, as well as recommendations that accompanied the implementation plan. 

The Committee heard the following deputation: 

Tony Gradini, addressed the Committee to express concerns with illegal signs and stated his support for the enforcement of City by-laws in relation to illegal signage across the City.  

Christopher Bullen, Manager, By-Law Services, addressed the Committee to speak to some of the concerns raised by the deputant and provided a brief description of the recent activities to address the issue and noted the City’s commitment to keep it beautiful.    

The Committee thanked the consultant and staff for their work on the report and also thanked the deputant for attending the meeting.

There was discussion on the following in relation to the presentation and by law enforcement:

• A suggestion that business owners be held responsible for illegal signs and be issued a fine when located;
• Concerns with the size, content, colour of real estate open house signs and a suggestion that there be regulation standards surrounding their design and placement;
• The perceived reaction to illegal signage in relation to more complex issues;
• That stickers placed on light poles and other areas be subject to by-law enforcement;
• Concerns that City communication may not be reaching all residents and that there be consideration to provide a more comprehensive communication plan that includes digital,  and printed materials that are available in multiple languages;
• That there be public education on this and other matters within the City;
• Concerns with signs that are posted at or on community mailboxes;
• The survey methodology and how by-law complaints may take multiple visits or contact to resolve;
• An inquiry regarding the implementation of the new Administrative Monetary Penalties (AMPs) and if it may result in increased violations, charges and fines; and,
• The number of dedicated resources to address complaints and compliance.

Staff provided information in relation to the Committee’s inquiries and noted that they will continue to work with residents to provide public education and promote City by-law compliance. 

• Moved by Councillor Juanita Nathan
  Seconded by Councillor Amanda Collucci
  1. That the presentation entitled "By-Law Enforcement Service Delivery Review", be received; 
  2. That the deputation from Tony Gradini be received, and further, 
  3. That staff report back in the Fall 2023 with an implementation plan.
  Carried

10.

PRESENTATIONS - ENVIRONMENT & SUSTAINABILITY MATTERS

10.1

BLUE BOX TRANSITION UPDATE (5.1)

This item was deferred to the next General Committee Meeting on June 20, 2023.

• 1. That the presentation entitled “Blue Box Transition Update” be received; and,
  2. That Staff will report back following discussions with Circular Materials Ontario and Miller Waste Systems and provide a recommendation to General Committee in September with regards to the status of Markham’s current collection contract; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution
• Moved by Regional Councillor Jim Jones
  Seconded by Councillor Isa Lee

  That this item be deferred to the June 20, 2023, General Committee Meeting Agenda.

  Carried

11.

REGULAR REPORTS - FINANCE & ADMINISTRATIVE MATTERS

11.1

MINUTES OF THE MAY 11, 2023 MARKHAM SUB-COMMITTEE SWAN LAKE MEETING (16.0)

Eddy Wu, Director, Environmental Services, addressed the Committee to introduce Rob Muir,  Manager Stormwater, who advised that staff do not support the proposed recommendations from  the Markham Subcommittee in relation to Swan Lake and suggested an alternative approach.  He proposed that the next review of the plan take place in 2026 and that a workshop of independent industry experts be considered after completion of Phase 1.  He also indicated that staff will continue to report back on test findings annually.  

The Committee heard the following deputation:

Fred Peters, addressed the Committee to express support of the current Markham Subcommittee recommendations in relation to Swan Lake.   

The Committee considered the comments made by staff and the deputant in addition to the proposed recommendations and agreed that a workshop at this time may be premature and that it may be of greater benefit after the completion of Phase 1.   

• Moved by Councillor Andrew Keyes
  Seconded by Regional Councillor Jim Jones

  That the General Committee consider the following motion passed at the May 11, 2023, Markham Sub-Committee meeting:

  1. That the report entitled “Swan Lake- 2022 Water Quality Status and Updates” be received; and,
  2. That Staff continue to implement the Long-term Management Plan for Swan Lake approved by Council in December 2021, including advancement of submerged aquatic vegetation, research into chloride treatment, and flow diversion evaluation (previously in Phases 2 and 3 of the Plan); and,
  3. That Staff report back annually on water quality results and evaluation of adapted Core and Complementary measures for consideration in Phase 2 of the Plan through the Markham Sub-Committee with the participation of the Friends of Swan Lake Park; and,
  4. That the next review of the Plan will be in 2026 (after completion of Phase 1 and other measures as listed under item 2) and that a workshop of independent industry experts be considered after completion of Phase 1, and;
  5. That the deputation from Fred Peters be received, and further;
  6. 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

There were no announcements.  

16.

CONFIDENTIAL ITEMS

The Committee convened into confidential session at 3:31 PM.

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Juanita Nathan

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

  Carried

16.1

FINANCE & ADMINISTRATIVE MATTERS

16.1.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING CITY OR LOCAL BOARD EMPLOYEES; (7.1) [MUNICIPAL ACT, 2001, Section 239 (2) (b)] 

The Committee consented to place this item on the June 14, 2023 Confidential Council Meeting Agenda for consideration. 

16.1.2

NET ZERO FACILITY PROJECT FUNDING UPDATE (A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BE APPLIED TO ANY NEGOTIATIONS CARRIED ON OR TO BE CARRIED ON BY OR ON BEHALF OF THE MUNICIPALITY OR LOCAL BOARD) (6.0)

[MUNICIPAL ACT, 2001, Section 239 (2) (k)]

The Committee consented to place this item on the June 14, 2023 Confidential Council Meeting Agenda for consideration. 

 

Moved by Councillor Amanda Collucci
Seconded by Regional Councillor Joe Li

That General Committee adjourn from confidential session and not return to open session or report out on any matter.

Carried

17.

ADJOURNMENT

General Committee adjourned from confidential session and did not return to open session or report out on any matter at 4:18 PM.

 

• Moved by Councillor Amanda Collucci
  Seconded by Regional Councillor Joe Li

  That General Committee adjourn from confidential session and not return to open session or report out on any matter.

  Carried