Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 6

Tuesday, April 20, 2021 at 1:00 P.m. - 4:30 P.m.

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Note: As per Section 7.1(h) of the Council Procedural By-Law, Council will take a ten minute recess after two hours have passed since the last break.

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1.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - MARCH 31, 2021

• 1. That the Minutes of the Council Meeting held on March 31, 2021, be adopted.

4.

PRESENTATIONS

4.1

2020 CONSOLIDATED FINANCIAL STATEMENTS (7.0)

Note: Lisa Chen, Senior Manager, Financial Planning and Reporting and Kevin Travers, KPMG will be in attendance to provide a presentation on this matter.

Please see Item 11.1 under New/ Other Business for the Report.

5.

DEPUTATIONS

6.

COMMUNICATIONS

7.

PROCLAMATIONS

7.1

PROCLAMATIONS (3.4)

No Attachment

• 1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. Human Values Day - April 24, 2021
     2. Complex Regional Pain Syndrome/ Reflex Sympathetic Dystrophy Syndrome (CRPS/ RSD) Awareness Day - November 5, 2021
  2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. Establishment of New Cherish Integrated Services Centre - September 21-24, 2021
  3. That the following new request for proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received and added to the Five-Year Proclamations List approved by Council:
     1. Organ and Tissue Donation Month - April 2021

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 11 - GENERAL COMMITTEE (APRIL 6, 2021)

Please refer to your April 6, 2021 General Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 5):

8.1.1

DEVELOPMENT CHARGES DECEMBER 31, 2020 RESERVE BALANCES AND ANNUAL ACTIVITY OF THE ACCOUNTS (7.11)

• 1. That the report titled “Development Charges December 31, 2020 Reserve Balances and Annual Activity of the Accounts” be received by Council as required under Section 43(1) of the Development Charges Act, 1997, as amended; and further,

  2. That staff be directed to do all things necessary to give effect to this report.

8.1.2

DEVELOPMENT CHARGES BACKGROUND STUDY UPDATE (7.11)

• 1. That the Development Charges Background Study Update presentation be received, and,
  2. That the following Council Members be appointed to a sub-committee:
     • Mayor Frank Scarpitti;
     • Councillor Amanda Collucci, Chair of the Budget Sub Committee;  
     • Councillor Andrew Keyes, Vice Chair of the Budget Sub Committee;
     • Regional Councillor Jim Jones, Chair of Development Services Committee;
     • Councillor Keith Irish, Vice-Chair of Development Services Committee; and,
     • Deputy Mayor Don Hamilton; and,
  3. That an information session be scheduled to review the parameters and changes to the collection of Development Charges; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

CELEBRATE MARKHAM GRANT PROGRAM - 2021-2022 FUNDING CYCLE STATUS UPDATE - ALTERNATIVE PROGRAM OPTIONS & IMPLICATIONS (7.0)

Note: At the April 6, 2021 General Committee meeting, staff was directed to provide an update to include additional options for consideration at the April 20, 2021 Council meeting. Please see memorandum dated April 20, 2021.

• 1. That the presentation entitled “Celebrate Markham Grant Program 2021-2022 Funding Cycle Status Update – Alternative Program Options and Implications”, be received; and,
  2. That the update memo entitled, “Celebrate Markham 2021-2022 Funding Cycle Alternative Program Options” be received; and,
  3. That the 2021-22 Funding Cycle be approved to proceed with the following temporary modifications and to be re-evaluated prior to commencing the 2022-23 Funding Cycle:
     1. That Council only support Celebrate Markham grant applications for virtual events (except Sports Events); and,
     2. That Sports Events be given consideration for Celebrate Markham grants only if they are in compliance with current public health restrictions and return-to-play guidelines established by the relevant PSO/NSO but that spectator participation be restricted to virtual or livestream participation only; and,
     3. That Council authorize a one-time carry-forward of unused Community Events monies (up to $256,000) from the 2021-22 Funding Cycle to the 2022-23 Community Events funding envelope and be distributed proportionately to each funding category (up to a combined total maximum of $512,000); and,
     4. That there be no changes to the funding envelope for the City-led events category with a funding envelope of $84,000 annually; and,
     5. That there be no changes to the funding envelope for the Markham Arts Council annual net grant amount of $23,400 (Celebrate Markham grant of $30,000 less 2021 loan repayment of $6,600 for a remaining balance owing of $6,600 as of December 31, 2021) for their annual programs and activities conditional on receiving and approving 2020 audited financial statements; and,
     6. That the special provision approved by Council in June 2020, allowing an applicant that is approved to receive grant funding during the current funding cycle and is subsequently forced to cancel their project/event due to changes in COVID-19 public health restrictions, be given consideration for financial relief towards unrecoverable/ non-deferrable expenses related to the project but not exceeding 50% of the approved grant amount and conditional on receiving and approving proof of such expenses, not be extended to the 2021-22 Funding Cycle; and,
     7. That the special provision approved by Council in June 2020, allowing an applicant that is approved to receive grant funding during the current funding cycle and subsequently decides to significantly alter/revise the way in which their proposed project/event proceeds (including a switch to virtual), that if necessary to maintain consistency with the established funding category guidelines, Staff be authorized to adjust the funding allocation based on the applicant’s revised proposal but not exceeding the originally approved allocation and not exceeding 25% of the applicant’s overall revised budget, conditional on receiving and approving a revised work plan, budget and impact estimates, be extended to continue to be in effect for the 2021-22 Funding Cycle; and,
     8. That the special provision approved by Council in June 2020 allowing an applicant that is approved to receive grant funding during the current funding cycle and subsequently decides to postpone their project/event to the following funding cycle (2022-23), be given the option to defer their application to 2022-23, thereby forfeiting their consideration for the current year and have their application directly carried forward for consideration as part of next year’s 2022-23 funding cycle, without having to re-submit a new application form, so long as the postponed event is substantially the same in size, scope and budget as the original proposal, be extended to continue to be in effect for the 2021-22 Funding Cycle; and,
     9. That in addition to requiring proof and approval of venue and liability insurance, that all applicants be required to sign an addendum/attestation acknowledging that they and their organization take full responsibility for ensuring adherence to Public Health restrictions (e.g., including safety plans, contract tracing records, etc.); and,
     10. That grants be released no sooner than 30 days prior to the scheduled event; and
  4. That Staff report back to Council in June recommending Celebrate Markham grant recipients; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.4

AWARD OF CONSTRUCTION TENDER 003-T-21 WEST THORNHILL – PHASE 3B STORM SEWER AND WATERMAIN REPLACEMENT (3.0)

• 1. That the report entitled “Award of Construction Tender 003-T-21 West Thornhill – Phase 3B Storm Sewer and Watermain Replacement” be received; and,
  2. That the contract for Tender 003-T-21 West Thornhill – Phase 3B Storm Sewer and Watermain Replacement be awarded to the lowest priced Bidder, Direct Underground Inc. in the amount of $4,263,945.97, inclusive of HST impact; and,
  3. That a 10% contingency in the amount of $426,394.60 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 $4,690,340.57 ($4,263,945.97 + $426,394.60) be funded from the following capital projects:

     1. 058-6150-21164-005 “West Thornhill Flood Control Implementation - Phase 3B Construction”; and,

     2.  

        (b) 053-6150-21170-005 “Cast Iron Watermain Replacement – West Thornhill Phase 3B” as outlined under the financial considerations section in this report; and,

  5. That the remaining funds in project #21164 “West Thornhill Flood Control Implementation - Phase 3B Construction” in the amount $1,816,921.34 from the Stormwater Fee Reserve and the budget remaining in project #21170 “Cast Iron Watermain Replacement – West Thornhill Phase 3B” from the Waterworks Reserve in the amount of $1,065,105.09 will be returned to the original funding source; and,
  6. That a 5-year moratorium be placed on any major servicing and utility installation along restored areas including Johnston Street, Dove Lane, Ida Street, Wiarton Court, St. Andrews Court; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.5

AWARD OF CONSTRUCTION TENDER 004-T-21 WEST THORNHILL – PHASE 4A STORM SEWER AND SANITARY SEWER UPGRADES (3.0)

• 1. That the report entitled “Award of Construction Tender 004-T-21 West Thornhill – Phase 4A Storm Sewer and Sanitary Sewer Upgrades” be received; and,
  2. That the contract for Tender 004-T-21 West Thornhill – Phase 4A Storm Sewer and Sanitary Sewer Upgrades be awarded to the lowest priced Bidder, GFL Infrastructure Group, in the amount of $12,477,267.18, inclusive of HST; and,
  3. That a 10% contingency in the amount of $1,247,726.72 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 $13,724,993.90 ($12,477,268.18 + $1,247,726.72) be funded from the following capital projects:

     1. 058-6150-21165-005 “West Thornhill Flood Control Implementation - Phase 4A Construction”; and,

     2.  

        053-5350-21172-005 “Royal Orchard Sanitary Sewer Upgrades (West Thornhill Phase 4A)” as outlined under the financial considerations section in this report; and,

  5. That the remaining funds in project #21165 “West Thornhill Flood Control Implementation - Phase 4A Construction” in the amount of $4,091,337.96 will not be required from the Stormwater Fee Reserve and the budget remaining in project #21172 “Royal Orchard Sanitary Sewer Upgrades – West Thornhill Phase 4A Construction” in the amount of $7,186.76 will be returned to the waterworks reserve; and,
  6. That a 5-year moratorium be placed on any major servicing and utility installation along restored areas including Royal Orchard Blvd (from Pomona Creek to Bayview), Kirk Drive, Knotty Pine Trail, Augusta Court, Doral Gate and Blue Spruce Lane; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 12 - DEVELOPMENT SERVICES COMMITTEE (APRIL 19, 2021)

Please refer to your April 19, 2021 Development Services Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the Development Services Committee be received & adopted. (1 Item):

8.2.1

PROVINCIAL CONSULTATION COMMENTS: GROWING THE SIZE OF THE GREENBELT (ERO 019-3136) (10.0)

• 1. That the report entitled “Provincial Consultation Comments: Growing the Size of the Greenbelt (ERO 019-3136)” dated April 19, 2021 be received; and,
  2. That this report be forwarded to the Ministry of Municipal Affairs and Housing (MMAH) and York Region as the City of Markham’s comments on ERO posting 019-3136 and as an expression of continued support for the Greenbelt Plan; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

NEW/OTHER BUSINESS

As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity".

11.1

2020 CONSOLIDATED FINANCIAL STATEMENTS (7.0)

• 1. That the presentation titled “2020 Consolidated Financial Statements” be received; and,
  2. That the report titled “2020 Consolidated Financial Statements” be received; and,
  3. That Council approve the draft Consolidated Financial Statements of The Corporation of the City of Markham (the City), including Community Boards, Business Improvement Areas (BIAs), Destination Markham Corporation and Investment in Markham Enterprises Corporation (MEC), for the fiscal year ended December 31, 2020; and,
  4. That Council authorize Staff to publish the final audited Statements for the fiscal year ended December 31, 2020 upon receiving the Independent Auditors’ Report; and,
  5. That the KPMG LLP Audit Findings Report for the year ended December 31, 2020 be received; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

11.2

NEW/ OTHER BUSINESS: DECLARATION OF SURPLUS LANDS ADJACENT TO MOBIS DRIVE (8.5)

Notice of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)

• 1. That the notice of proposed sale for the City owned lands legally described as Part of Lot 28, Concession 3, designated as Parts 1, 2 and 3, Plan 65R-39300, City of Markham, Regional Municipality of York, be confirmed; and,
  2. That subject to No. 1 above, the City enact a By-law to stop up and close the lands described as Part of Lot 28, Concession 3, designated as Parts 1, 2 and 3, Plan 65R-39300, City of Markham, Regional Municipality of York.

  (Confidential Item No. 14.2.1, March 31, 2021 Council Meeting)

  (By-law 2021-27)

11.3

PROVINCIAL FIRE SAFETY GRANT (7.6)

• 1. That the report entitled “Provincial Fire Safety Grant” dated April 20, 2021 be received; and,
  2. That Council approve the Fire Safety Grant in the amount of $85,700 from the Province of Ontario, to be used to fund the construction of a live fire training facility; and,
  3. That a new 2021 capital project named “Fire Safety Grant” be created in the amount of $85,700 to be funded from the Fire Safety Grant; and,
  4. That the CAO be authorized and directed to execute the funding agreement and any related documents required to give effect thereto, in a form satisfactory to the City Solicitor; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2021-27 to 2021-31 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2021-27 A BY-LAW TO STOP UP AND CLOSE THE LANDS DESCRIBED AS PART OF LOT 28, CONCESSION 3, MORE PARTICULARLY DESCRIBED AS PARTS 1, 2 AND 3, PLAN 65R-39300

(Item 11.1, New/ Other Business)

13.2

BY-LAW 2021-28  LEPORIS CONSTRUCTION INC., PART 1, PLAN OF PART OF THE EAST HALF OF LOT 25, CONCESSION 3, ZONING BY-LAW AMENDMENT

A By-law to amend By-laws 304-87 and 177-96, as amended, in order to permit the development of a convention centre, office building, restaurants, and retail.

(Item 8.1.2, Report No. 2, February 9, 2021 Council Meeting)

13.3

BY-LAW 2021-29 A BY-LAW TO AMEND BY-LAW 2013-113, ABY-LAW TO DELEGATE AUTHORITY TO CONDUCT CERTAIN REAL PROPERTY TRANSACTIONS

13.4

BY-LAW 2021-30 ROAD DEDICATION BY-LAW (IAN BARON AVENUE)

A by-law to dedicate certain lands as part of the highways of the City of Markham (Part of Lot 6, Plan 2196, designated as Parts 1 and 2, Plan 65R-34639 - Ian Baron Avenue) 

13.5

BY-LAW 2021-31 ROAD DEDICATION BY-LAW 

A by-law to dedicate certain lands as part of the highways of the City of Markham (Blocks 277, 278, 279, 280 and 281, Plan 65M-4686 - Lane).

14.

CONFIDENTIAL ITEMS

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

14.1

COUNCIL

14.1.1

COUNCIL CONFIDENTIAL MINUTES - MARCH 31, 2021 (16.0) [ Section 239 (2) (f)]

14.1.2

APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.24) [SECTION 239 (2)(b)]

14.2

NEW/ OTHER BUSINESS

14.2.1

GENERAL COMMITTEE CONFIDENTIAL MINUTES - MARCH 1, 2021 (16.0) [ Section 239 (2) (f)]

14.2.2

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; REPORTING OUT OF REAL PROPERTY ACQUISITION (8.7) [SECTION 239 (2) (c)]

14.2.3

THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD;  (8.2) [SECTION 239 (2) (a)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2021-32 be given three readings and enacted.

  Three Readings

  BY-LAW 2021-32 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL 20, 2021.
  No attachment

16.

ADJOURNMENT