Electronic General Committee Meeting Minutes

Meeting Number: 5

Monday, March 21, 2022 at 9:30 A.m. - 3:00 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
• Adam Grant, Fire Chief
• Mary Creighton, Director, Recreation Services
• Frank Clarizio, Director, Engineering
• Biju Karumanchery, Director, Planning ＆ Urban Design
• Graham Seaman, Director, Sustainability & Asset Management
• Morgan Jones, Commissioner, Community Services
• Mark Visser, Sr Manager Strategy Innovation ＆ Investments
• Eddy Wu, Acting Director, Environmental Services
• Hristina Giantsopoulos, Election/Council & Committee Coordinator
• John Wong, Technology Support Specialist II
• Sumon Acharjee, Chief Information Officer
• Chris Rickett, Director, Economic Development, Culture and Entrepreneurship

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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 9:35 AM with Regional Councillor Jack Heath presiding as Chair for all items on the agenda.

The Committee recessed for lunch at 1:25 PM and reconvened at 2:15 PM.

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Alan Ho

  That General Committee recess for lunch at 1:25 PM and reconvene at 2:15 PM.

  Carried

2.

DISCLOSURE OF PECUNIARY INTEREST

There were none disclosed.

3.

APPROVAL OF PREVIOUS MINUTES

3.1

MINUTES OF THE FEBRUARY 28, 2022 GENERAL COMMITTEE (16.0)

• Moved by Councillor Khalid Usman
  Seconded by Councillor Alan Ho
  1. That the minutes of the February 28, 2022 General Committee meeting be confirmed. 
  Carried

4.

DEPUTATIONS

There were deputations in relation to items 8.1 and 13.1.  Please refer to the respective items for details.   

• Moved by Councillor Karen Rea
  Seconded by Mayor Frank Scarpitti

  That item 8.1 be moved forward for consideration and to hear the deputations for this item.  

  Carried
• Moved by Councillor Karen Rea
  Seconded by Mayor Frank Scarpitti

  That General Committee recess until 10:00 AM to allow time to resolve the sound issue on the livestream.

  Carried

5.

COMMUNICATIONS

There were no communications. 

6.

PETITIONS

There were no petitions.

7.

PRESENTATIONS - FINANCE & ADMINISTRATIVE ISSUES

7.1

2021 YEAR END RESULTS OF OPERATIONS  (7.4)

Jay Pak, Manager, Budgets, Financial Services, addressed the Committee and presented the 2021 Year-End Results of Operations, which provided an overview of the primary operating budget, year-end results, budget surpluses allocation, and departmental Primary Operating Budget Results.  

The Committee inquired about the primary operating budget revenues, budget surpluses, property tax collection and the format of this year's report. 

The Committee suggested that the Budget Committee review the reserves and the impacts of Covid-19.

• Moved by Councillor Amanda Collucci
  Seconded by Councillor Andrew Keyes
  1. That the report titled “2021 Year-End Review of Operations” be received; and,
  2. That the City’s 2021 net operations favourable variance be transferred as follows, as per the approved Financial Planning and Budgeting Policy:
     1. $0.69M to the Corporate Rate Stabilization Reserve to achieve a balance equal to 15% of the local tax levy;
     2. $3.15M to balance the 2022 Operating Budget
     3. $3.15M to the Corporate Rate Stabilization Reserve to provide advance funding for the projected 2023 to 2024 Operating Budget requirements;
     4. $0.65M provision for future tax adjustments;
     5. The remaining $14.94M to the Life Cycle Capital Replacement and Capital Reserve Fund; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.

PRESENTATIONS - COMMUNITY SERVICES ISSUES

8.1

PRESENTATION 1 OF 2: AN INTRODUCTION TO MARKHAM’S UPDATED DIVERSITY ACTION PLAN AND ANTI-BLACK RACISM ACTION PLAN (12.0)

Mayor Scarpitti, addressed the Committee to acknowledge Members of Council and staff for their work and commitment to the Diversity Action Plan and how it is an important part of Building Markham's Future Together to ensure everyone feels welcome and that barriers and discrimination are eliminated from the City.  

The following deputations were heard in relation to this item:

Madge Logan, shared her experience as a Markham resident since 1972 and expressed support for the Diversity Action Plan and Eliminating Anti-Black Racism Plan.  

Dorothy Peng, shared her personal experience in the school and expressed support for the Diversity Action Plan and  the Eliminating Anti-Black Racism Action Plan.  

Andy Taylor, Chief Administrative Officer, addressed the Committee and thanked the deputants for attending and sharing their insightful comments.  He indicated that the Diversity Action Plan and Eliminating Anti-Black Racism Action Plans are embedded in the City's strategic plan and that this is the first phase of a three phase process to demonstrate key emerging values such as, allyship, representation, cohesion, accountability and equity.  Mr. Taylor introduced Joanne Kinya Baker, Diversity Equity and Inclusion Specialist to present the first phase.    

Joanne Kinya Baker, together with Mona Nazif, Senior Manger, Human Resources, presented, Markham's Diversity Action Plan and Eliminating  Anti-Racism Action Plan which provided an overview of the City's journey so far, emerging values, guiding principals and areas of focus moving forward.  It also outlined the City's Diversity Action Plan objectives which included the increase in scope to include the Eliminating Anti-Black Racism Action Plan.    

Dr. Wendy Cukier, Professor of Entrepreneurship and Strategy, Diversity Institute Founder, Academic Director of the Women Entrepreneurship Knowledge Hub and Research Lead of the Future Skills Centre, from Ryerson University, introduced her colleague, Dr Mohammed Elmi, who assisted with this process and acknowledged Andy Taylor, CAO, Joanne Kinya Baker and Mona Nazif for their contributions.  She identified the Diversity Action Plan Areas of Focus that will form part of day to day business: Exceptional Services by Exceptional People, Engaged, Diverse, Vibrant and Thriving City, Safe, Sustainable and Complete Community, and, Stewardship of Money and Resources.  There was recognition of areas where the City has responsibility to address to ensure welcoming and the inclusion of the Black community to eliminate anti-Black racism. 

Staff indicated that the refined recommendations will be brought to the Committee in April 2022.   

The Committee discussed the following in relation to the presentation:
•    The participant size of the Anti-Black Racism Survey;  
•    That there may be additional consultation required to formulate recommendations; 
•    That there may be more time needed to report back to the committee; and,
•    The opportunity for Council Members to provide feedback within next steps and consultations.

The Committee thanked the deputants, external participants and staff for their contributions and look forward to future phases.   

• Moved by Councillor Karen Rea
  Seconded by Mayor Frank Scarpitti

  That item 8.1 be moved forward on the agenda.

  Carried
• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Isa Lee
  1. That the staff report dated March 21, 2022, titled “An Introduction to Markham’s Updated Diversity Action Plan and Anti-Black Racism Action Plan” be received; and,
  2. That the introduction to the updated Diversity Action Plan and to the Anti-Black Racism Action Plan be referred to staff for consultation; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried
• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Isa Lee

  That the deputations made by Madge Logan and Dorothy Pang be received.  

  Carried

9.

CONSENT REPORTS - FINANCE & ADMINISTRATIVE ISSUES

9.1

2021 SUMMARY OF RENUMERATION AND EXPENSES FOR COUNCILLORS AND APPOINTEES TO BOARD  (7.0)

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the report titled “2021 Summary of Remuneration and Expenses for Councillors and Appointees to Boards” be received; and, 
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.2

PRELIMINARY 2023 BUDGET SCHEDULE (7.4)

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the report dated March 21, 2022 titled “Preliminary 2023 Budget Schedule” be received; and,
  2. That staff report back to the Committee on the final 2023 Budget Schedule in December 2022; and,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.3

MINUTES OF THE FEBRUARY 7, 2022 RACE RELATIONS COMMITTEE(16.0)

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the minutes of the February 7, 2022 Race Relations Committee meeting be received for information purposes. 
  Carried

9.4

MINUTES OF THE JANUARY 19 & FEBRUARY 16, 2022 ANIMAL CARE COMMITTEE MEETING (16.0)

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the minutes of the January 19, 2022 and February 16, 2022 Animal Care Committee meeting be received for information purposes.
  Carried

9.5

MINUTES OF THE JANUARY 27, 2022 ENVIRONMENTAL ADVISORY COMMITTEE (16.0)

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the minutes and notes of the January 27, 2022 Environmental Advisory Committee meeting be received for information purposes.
  Carried

9.6

MINUTES OF THE JANUARY 17 & FEBRUARY 28, 2022 ACCESSIBILITY ADVISORY COMMITTEE (16.0)

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the minutes and notes of the January 17, 2022 and February 28, 2022 Accessibility Advisory Committee meeting be received for information purposes.
  Carried

9.7

MINUTES OF THE DECEMBER 17, 2021 WASTE DIVERSION COMMITTEE (16.0)

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the minutes and notes of the December 17, 2021 Waste Diversion Committee meeting be received for information purposes.
  Carried

10.

CONSENT REPORTS - ENVIRONMENT & SUSTAINABILITY ISSUES

10.1

ANNUAL WATER QUALITY REPORT (JANUARY - DECEMBER 2021) (5.3)

The Committee inquired about the findings in the report in relation to e-coli.    

Staff advised that they will get back to the Committee with the requested information.

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the report titled “Annual Water Quality Report (January-December 2021)” as required by Schedule 22 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, enclosed herein be received; and,         
  2. That the Annual 2021 Regulatory Water Quality Report (Attachment “A”), containing information for the Ministry of the Environment, Conservation and Parks (MECP) on water supply and quality as required by Section 11 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, be received; and,
  3. That Council acknowledge that staff posted the Annual 2021 Detailed Regulatory Water Quality Report on the City’s website and that it has been made available electronically and in hard copy version by February 28, 2022 as per regulations; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

10.2

AMENDMENT OF ENVIRONMENTAL SERVICES FEES  (10.0)

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones
  1. That the report entitled” Amendment of Environmental Services Fees” be received; and, 
  2. That Council authorize staff to increase the proposed fees outlined in Attachment “A‟ for services provided by the Environmental Services Department including increases to existing waterworks meter fees for subdivision agreements, infill homes, industrial, commercial & institutional properties, as well as developer waste fees for new home and multi-residential unit recycling kits effective April 1, 2022; and, 
  3. That new fees be approved for Residential Infill background information requests, and new service connection application reviews, effective April 1, 2022; and, 
  4. That By-Law No. 2002-276 be amended to update the user fees set under “Community Services – Water‟, and “Community Service – Waste” sections of Schedule A, with fees outlined in Attachment “A‟; and, 
  5. That the By-Law No. 2002-276 be amended by deleting the following requirements: “Supply water meter and remote readout device. Water Meter must be installed by purchaser’s licensed plumber. Installation costs are the responsibility of the purchaser”; and “Please Note: Water meters over 1" must be installed by a licensed plumber. ICI installation cost is the responsibility of the purchaser; and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

11.

REGULAR REPORTS - FINANCE & ADMINISTRATIVE ISSUES

11.1

MINUTES OF THE FEBRUARY 24, 2022 ENVIRONMENTAL ADVISORY COMMITTEE MINUTES (16.0)

Note: Committee has the option to endorse, amend, refer to staff or receive for information the following recommendation from the February 24, 2022 Environmental Advisory Committee Meeting:

1. That the Markham Environmental Advisory Committee (MEAC) endorse in principle and refer to Markham Council for consideration:
   1. The Swan Lake “Restoration” Objective; and, 
   2. An Eco Approach that integrates community objectives with restoration processes; and, 
   3. The establishment of a Stewardship Plan to include an environmental monitoring framework

There was a brief discussion on the recommendation raised by the Markham Environmental Advisory Committee.

The Committee requested that the information received from MEAC be referred to staff and come back to General Committee with memo in 2 weeks. 

• Moved by Councillor Karen Rea
  Seconded by Councillor Khalid Usman
  1. That the minutes and notes of the February 24, 2022 Environmental Advisory Committee meeting be received for information purposes; and,
  2. That the recommendation be referred to staff and come back to an upcoming General Committee meeting with a memo.
  Carried

12.

REGULAR REPORTS - COMMUNITY SERVICES ISSUES

12.1

AODA ACCESSIBILITY COMPLIANCE AUDIT - PRESENTATION & REPORT (7.0)

Claudia Storto, City Solicitor, addressed the Committee and introduced, Geoff Rodrigues and Sarah Dionne from MNP, as the City's Auditor General, who prepared an AODA Accessibility Compliance Audit Presentation and Report.  She noted the City's current state of compliance and that the report provided information to understand current gaps and remuneration methods to sustain and enhance compliance. 

Geoff Rodrigues, Auditor General, Jason Ducharme, Auditor General Partner/ Project Manager, Sarah Dionne, Senior Manager, MNP, Reena Patel, Manager, MNP.  Mr. Ducharme provided an overview of the scope of AODA legislation and identified gaps in compliance, with supporting observations and recommendations. 

The areas which were evaluated included the following:

1. Outdoor play spaces;
2. Design of Public Spaces;
3. Accessible Parking;
4. Duties of Taxicabs and Municipalities;
5. Access Web Content;
6. Notice of Temporary Disruptions;
7. Accessibility Polices; and,
8. Annual Reporting.

There was discussion on the items identified in the report and an inquiry regarding the timing to achieve compliance.   

The Committee requested that there be regular updates to monitor progress in this regard.

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Keith Irish
  1. That the report and presentation entitled "City of Markham  Report of the Auditor General  Accessibility Audit", and  "City of Markham AODA Accessibility Compliance Review", be received. 
  Carried
• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Karen Rea

  That item 12.2 be moved forward.  

  Carried

13.

REGULAR REPORTS - LAND, BUILDING & PARKS CONSTRUCTION ISSUES

13.1

160 DUDLEY: CAPITAL PROJECTS (7.5)

Trinela Cane, Commissioner, Corporate Services, addressed the Committee to introduce the item and indicated that the proposal includes a concept design study for Dudley Markham Fire Station to enhance fire response in the area.  She introduced Graham Seaman, Director, Sustainability and Asset Management, who presented, "160 Dudley Capital Project", which provided an overview for a management study over the next 20 years of this site that will provide an adaptive re-use of 20% of the building and to deliver on a portion of Phase 1 of the 2022-2025 Fire Deployment Strategy.

The following deputation was heard in relation to the presentation:

Evelin Ellison, addressed the Committee and expressed opposition to the proposal and indicated that the City should uphold and fulfill the original purpose for this property to provide a park and greenspace for the area.   

The Committee discussed the following:  

• The accommodation for co-gender facilities within the plan;
• An inquiry into the type of roof contained in the design;
• That there be a provision included for the fire station to remain in the event of a sale or redevelopment of the property;
• The projected land value in 20 years?  
• The amount of cash-in -lieu of parkland used to purchase this land and that it should have remained as parkland ; 
• That this proposal solves a problem now and will improve response times in this area;
• The proximity of the station to Steeles Avenue and Clarke Ave subway stations;
• Concerns with the CN rail track in the area that may impact response time in Ward 1 in the event of an emergency while a train is crossing; 
• Concerns to the amount of greenspace in the area and the originally slated use for the land; and,
• Inquiry into the recreational uses and parkland type that will be incorporated in the plan. 

Staff provided information in response to the Committee's inquiries.

• Moved by Councillor Keith Irish
  Seconded by Councillor Khalid Usman
  1. That the presentation entitled “160 Dudley Capital Projects, March 21, 2022” be received; and,
  2. That the site of 160 Dudley Ave. and proposed concept design of the Dudley Markham Fire Station be approved; and,
  3. That Staff proceed with detailed design development to tender ready documents; and,
  4. That the goal of achieving LEED Silver Certification be established for this project and Staff be authorized to consider LEED Gold if it can be achieved within budget; and,
  5. That the tendering process for Architectural/ Engineering design services 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 be authorized to award the contract for Architectural/ Engineering design services to Ron Awde Architect in the amount of $451,773.70 (inclusive of HST impact); and,
  7. That Staff be authorized to proceed with pre-qualifying bidders and issuing the construction tender; and,
  8. That a new 2022 capital project be established for the Design and Construction of the Dudley Fire Station in the amount of $7,569,200 (inclusive of the HST impact), and that the project be funded from the Development Charges Reserve Fund; and,
  9. That a new 2022 Capital budget be established for 160 Dudley Roof Replacement and Interior Repairs in the amount of $1,090,000 (inclusive of the HST impact), and that the project be funded from the Lifecycle Repair and Replacement Reserve Fund; and,
  10. That staff bring back a conceptual design of how recreation and greenspace facilities may be accomodated on the site; and further, 
  11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried
• Moved by Councillor Keith Irish
  Seconded by Councillor Khalid Usman

  That the deputations from Evelin Ellison be received.  

  Carried

14.

MOTIONS

There were no motions.

15.

NOTICES OF MOTION

There were no notices of motion.

16.

NEW/OTHER BUSINESS

Councillor Ho raised item of New Business in relation to winter maintenance and snow clearing of pathways.  A meeting with Alice Lam, Director, Operations will be scheduled.

17.

ANNOUNCEMENTS

There were no announcements.

18.

ADJOURNMENT

• Moved by Deputy Mayor Don Hamilton
  Seconded by Councillor Isa Lee

  That General Committee adjourn at 4:00 PM.

  Carried