Electronic General Committee Meeting Minutes

Meeting Number: 6

Tuesday, April 06, 2021 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
• Martha Pettit, Deputy City Clerk
• Hersh Tencer, Manager, Real Property
• Brian Lee, Director, Engineering
• Alex Moore, Manager of Purchasing & Accounts Payable
• Morgan Jones, Director, Operations
• Meg West, Manager of Business Planning and Projects
• Mark Visser, Sr Manager Strategy Innovation ＆ Investments
• Eddy Wu, Acting Director, Environmental Services
• Hristina Giantsopoulos, Election/Council & Committee Coordinator
• Terence Tang, Technology Support Specialist II
• Bindi Patel, Supervisor, Community Program
• Christina Kakaflikas, Director, Econ Growth, Culture ＆ Entre'ship
• Don De Los Santos, Manager Small Business Centre, Econ Growth, Culture ＆ Entre'ship
• Kevin Ross, Manager, Development Finance & Payroll
• Shannon Neville, Financial Analyst, Development Finance

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1.

CALL TO ORDER

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, and in consideration of the advice of public health authorities, 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. 

2.

DISCLOSURE OF PECUNIARY INTEREST

There were none disclosed.

3.

APPROVAL OF PREVIOUS MINUTES

3.1

MINUTES OF THE MARCH 22, 2021 GENERAL COMMITTEE (16.0)

• Moved by Deputy Mayor Don Hamilton
  Seconded by Regional Councillor Jim Jones
  1. That the minutes of the March 22, 2021 General Committee meeting be confirmed.
  Carried

4.

DEPUTATIONS

There were no deputations. 

5.

COMMUNICATIONS

5.1

YORK REGION COMMUNICATIONS (13.4)

The Committee suggested that staff provide a presentation on item 1b. Proposed 2051 Forecast and Land Needs Assessment at a future General Committee meeting.  

Arvin Prasad, Commissioner, Development Services, addressed the Committee and confirmed that a presentation will be made at the April 19, 2021 Development Services Meeting on this matter that will provide an overview of the population-employment work by the Region and the impact this will have on future development in the City.  A Council Workshop is also being planned and will follow that meeting.  

• Moved by Councillor Isa Lee
  Seconded by Deputy Mayor Don Hamilton
  1. That the following communications dated March 24, 2021 from York Region be received for information purposes:
     1. Regional Official Plan Update - Policy Directions Report
     2. Proposed 2051 Forecast and Land Needs Assessment
     3. Bradford Bypass Project - Regional Response to the Impact Assessment Agency of Canada
     4. GTA West Transportation Corridor Project - Regional Response to the Impact Assessment Agency of Canada
  Carried

6.

PETITIONS

There were no petitions.  

7.

CONSENT REPORTS - FINANCE & ADMINISTRATIVE ISSUES

7.1

MINUTES OF THE AUGUST 22, 2019, JANUARY 23, 2020, FEBRUARY 20, 2020, APRIL 23, 2020, JUNE 11, 2020, AUGUST 27, 2020, SEPTEMBER 30, 2020, OCTOBER 22, 2020 AND DECEMBER 3, 2020 BOARD OF MANAGEMENT MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA COMMITTEE (16.0)

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Alan Ho
  1. That the minutes of the August 22, 2019, January 23, 2020, February 20, 2020, April 23, 2020, June 11, 2020, August 27, 2020, September 30, 2020, October 22, 2020 and December 3, 2020 Board of Management Markham Village Business Improvement Area Committee meeting be received for information purposes.
  Carried

7.2

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

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Alan Ho
  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.
  Carried

8.

PRESENTATIONS - FINANCE & ADMINISTRATIVE ISSUES

8.1

DEVELOPMENT CHARGES BACKGROUND STUDY UPDATE (7.11)

Mark Visser, Senior Manager Strategy Innovation & Investments, Financial Services, addressed the Committee and delivered a presentation entitled Development Charges Background Study Update which provided an overview of the Development Charge Background Study and included information on current Development Charges (DC) By-laws,  Bill 197 COVID-19 Economic Recovery Act, 2020 as it relates to DCs and a Policy Review.  As part of this update, staff recommended that a Sub-Committee comprised of Members of Council be established.

There was discussion on the following in relation to the presentation: 

• Sub-committee membership; 
• Whether Fire Services are 100% funded through City Wide Soft DCs;
• The point where land values are calculated in relation to permits and DCs;
• The difference between Community Benefit Charges (CBC) and Section 37;
• The current balance of the Section 37 fund account and what will happen to it when the City moves over to CBCs;
• Consideration of drawing on the CBC balance for future projects;
• An inquiry into what happens to public art under the new CBCs and how funds will be allocated to future public art initiatives; the type of recommendation this report will make with respect to funding for public art;
• Whether the Section 37/CBC funds are allocated geographically and how much are dedicated to the Ward in which they were generated;
• The timing of converting to CBCs from Section 37 and the financial benefits of delaying the conversion;
• Consideration of coordinating growth related costs with other municipalities;
• Consideration for the establishment of a workshop to review the new CBC system; 
• Inquiry into the committed DC amount that Times Development in Markham Centre has negotiated and whether all of it is dedicated to the valley lands;
• Inquiry into using 2031 as the forecast horizon in relation to the DC Background Study;
• The positive changes in the revised DC calculations; and,
• Consideration that the Chair and Vice Chair of the Budget and Development Services Committees as well as the Deputy Mayor Hamilton be included as Sub-Committee members.

Staff responded to the Committee's inquiries and provided information on the differences between CBCs and Section 37 in addition to their collection criteria and calculations.  

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Jim Jones
  1. That the Development Charges Background Study Update presentation be received.
  Carried
• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Jim Jones
  1. 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,
  2. That an information session be scheduled to review the parameters and changes to the collection of Development Charges; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.2

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

Christina Kakaflikas, Director, Economic Growth, Culture & Entrepreneurship addressed the Committee to introduce proposed changes to the funding allotments and processes for the 2021-2022 Celebrate Markham Funding Cycle.  She introduced Don De Los Santos, Manager, Small Business Centre, Economic Growth, Culture & Entrepreneurship, who delivered a presentation entitled 2021-2022 Funding Cycle Status Update & Alternative Program Options & Implications, that provided an overview of the proposed changes that will allow for applicants to apply for funding of modified virtual cultural events and festivals in the City and continue to promote community engagement while remaining compliant to the current public health restrictions.  

The Committee discussed the following in relation to the presentation:

• The increased funding recommendation in relation to the valuation of virtual events and their community benefits;   
• That spending on virtual events may not be the best use of City funds;
• Consideration that virtual events be funded at 25% of the revised total budget;  
• Whether the previous festival reporting has been completed;
• Consideration that funds not double-up for next year if funding hasn't been used; 
• That the City not consider funding of any in person events until at least the fall of 2021 due to unpredictability of the pandemic and current public health recommendations;
• That the funding of in-person activities be reviewed again in the fall; 
• Consideration that unused funds from 2020 and 2021 be carried forward to the future;
• That additional funding above the current limit be considered on an exception basis with supporting merits; 
• That funding not be increased for Celebrate Markham initiatives at this time; and,
• That the funding recommendation be forwarded to council in June 2021.

Staff provided information in relation to the Committee's inquiries and noted that while virtual events are not the same as those that are in-person, there are benefits to the community such as an increase in Markham's profile, continued public engagement and that these events will encourage future in-person participation when permitted.     

The Committee requested that staff provide a memo to the Council Meeting on April 20, 2021 to provide clarification on the proposed recommendation in consideration of the comments made today. 

• Moved by Councillor Amanda Collucci
  Seconded by Regional Councillor Jim Jones
  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 staff provide an updated memo which includes additional options for consideration to the Council Meeting on April 20, 2021; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried
• The Committee had the following resolution for consideration:

  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 Council approve the recommendations of the Interdepartmental Staff Review Committee as included in the attached PowerPoint; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

REGULAR REPORTS - COMMUNITY SERVICES ISSUES

9.1

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

The Committee inquired about the balance of the reserve fund for this project. 

Staff advised the Stormwater Reserve is currently in a deficit as the program is front-ended.  

Staff further advised that the Reserve will eventually be in net zero position based on future collections of the Stormwater Fee.

• Moved by Councillor Keith Irish
  Seconded by Regional Councillor Jim Jones
  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.
  Carried

9.2

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

• Moved by Councillor Keith Irish
  Seconded by Mayor Frank Scarpitti
  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.
  Carried

10.

MOTIONS

There were no motions.

11.

NOTICES OF MOTION

11.1

TAMIL MEMORIAL MONUMENT (12.0)

This motion was introduced to the Committee and will be included on the April 26, 2021 General Committee meeting agenda.  There was no discussion on this item.

• Moved by Councillor Khalid Usman
  Seconded by Regional Councillor Jim Jones

  Whereas the City of Markham is home to a large community of Tamil diaspora with over 21,000 living in Markham; and

  Whereas The City of Markham’s Tamil community has made significant contributions to business, culture, and art in the City of Markham; and

  Whereas the City of Markham acknowledges that during the Sri Lankan civil war thousands of Tamil civilians lost their lives; and

  Whereas the City of Markham condemns the demolition of a memorial site built in Sri Lanka at Jaffna University in 2019 which was dedicated to the Sri Lankan civilians who lost their lives in the Mullivaikkal at the end of their 26 year civil war in Sri Lanka ending in May of 2009; and

  Therefore the City of Markham will join with the Tamil diaspora in Markham to build a memorial in the shape of a waterfall or a garden for the Sri Lankan Tamils that lost their lives in Sri Lanka fighting a 26 year civil war; and

  Therefore this proposed memorial be built in collaboration with the Tamil people and the City of Markham; and

  Therefore the proposed memorial site be built as a waterfall or a Garden or another style memorial that meets Bylaw requirements and is located in a designated park in Ward 7 of Markham which has a large Tamil diaspora; and

  Therefore the funding for this initiative be arranged by the community through fundraising efforts within the community and once attained the City of Markham will provide a suitable size land for this initiative with installation of this initiative at no cost to the community; and

  Therefore this proposed designated site be in accordance with Markham City bylaws and with the Markham community.

12.

NEW/OTHER BUSINESS

There was no new or other business. 

13.

ANNOUNCEMENTS

There were no announcements.

14.

CONFIDENTIAL ITEMS

The Committee did not resolve into confidential session.

The Committee consented to place items 14.1.1, 14.2.1, and 14.2.2 on the April 20 , 2021 Confidential Council Meeting Agenda for consideration.

• Moved by Councillor Khalid Usman
  Seconded by Councillor Reid McAlpine

  That items 14.1.1, 14.2.1, and 14.2.2 be placed on the April 20 , 2021 Confidential Council Meeting Agenda for consideration.

   

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

14.1

FINANCE & ADMINISTRATIVE ISSUES

14.1.1

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

14.2

LAND, BUILDING & PARKS CONSTRUCTION ISSUES

14.2.1

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)]

14.2.2

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

15.

ADJOURNMENT

• Moved by Councillor Khalid Usman
  Seconded by Councillor Reid McAlpine

  That General Committee adjourn at 11:31 AM.

  Carried