Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 5

Wednesday, March 31, 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 9, 2021

• 1. That the Minutes of the Council Meeting held on March 9, 2021, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

3-2021 - LIQUOR LICENCE APPLICATION - BANG BANG BURRITO (WARD 2) (3.21)

• 1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

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. Pakistan National Day - March 23, 2021
     2. National Wildlife Week - April 6-10, 2021
     3. Be Kind To Animals Week  - May 3-9, 2021
     4. World Turtle Day - May 23, 2021
     5. Animal Health Week - October 4-10, 2021
     6. National Feral Cat Day - October 16, 2021
  2. That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council:

     1. 150th Anniversary of the Toronto & York Region Labour Council - April 12, 2021

     2. Personal Support Worker (PSW) Day - May 19, 2021

     3. Markham Group of Artists Celebrating 40 Years  - September 9-16, 2021

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 8 - DEVELOPMENT SERVICES COMMITTEE (MARCH 8, 2021)

Please refer to your March 8, 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):

8.1.1

FRIENDS OF THE MARKHAM MUSEUM BOARD MINUTES – DECEMBER 9, 2020 (16.0)

• 1. That the minutes of the Friends of the Markham Museum Board meeting held December 9, 2020, be received for information purposes.
  2. That Council endorse the recommendation from the December 9, 2020 Friends of Markham Museum Board Minutes:

     “That the Friends of the Markham Museum Board approve the transfer of control of the trust funds held by the City of Markham on behalf of the Markham Historical Society to the benefit of the Friends of the Markham Museum; and,

     That a copy of this resolution be forwarded to the “members” of the Friends of the Markham Museum.”

8.2

REPORT NO. 9 - GENERAL COMMITTEE (MARCH 22, 2021)

Please refer to your March 22, 2021 General Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 6):

8.2.1

078-R-15 JANITORIAL CLEANING SERVICES FOR VARIOUS CITY LOCATIONS CONTRACT EXTENSION (7.0)

• 1. That the report entitled “078-R-15 Janitorial Cleaning Services for Various City Locations Contract Extension” be received; and,

      

  2. That the contract for Janitorial Cleaning Services for various City locations be extended for one (1) year with National Cleaning Contractors from April 2021 to March 2022 in the 2019 (Pre-COVID) amount of $441,587.24 (2021 - $343,022.06 and 2022 - $98,565.17) (inclusive of HST); and,

      

  3. That the contract for additional janitorial cleaning services due to COVID-19 pandemic in the amount of $171,088.60 inclusive of HST be awarded to National Cleaning Contractors; and,

      

  4. That the 2021 award amount of $343,022.06 inclusive of HST be funded from various City Department’s Operating Budgets; and,

      

  5. That the 2022 award amount of $98,565.17 inclusive of HST be subject to Council approval of the 2022 operating budgets and that the award amount be amended to reflect changes to the various departments’ budget accounts as approved by Council during the 2022 budget process; and,

      

  6. That the Director, Sustainability and Asset Management and Senior Manager, Procurement and Accounts Payable be authorized to approve additional enhanced cleaning in the event other facilities open during 2021; and,

      

  7. That the additional cleaning requirements arising as a direct result of COVID-19 in the amount of $171,088.45 ($99,897.13 + $71,191.32) inclusive of HST be charged directly to the COVID-19 cost centre and that it be funded from the COVID-19 Reserve by an amount determined as part of the 2021 year-end process; and,

      

  8. That the tendering process be waived in accordance with the City’s 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 further,

      

  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

ANNUAL WATER QUALITY REPORT (JANUARY-DECEMBER 2020) (5.0)

• 1. That the report titled “Annual Water Quality Report (January-December 2020)” 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 2020 Annual 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 2020 Annual Water Quality Report on the City’s website and that it has been made available electronically and in hard copy version by February 28, 2021 as per regulations; and further,

      

  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

AMENDMENT TO BY-LAW 2013-113 TO DELEGATE AUTHORITY TO CONVEY EASEMENTS TO ALECTRA (8.1)

• 1. That the report entitled “Amendment to By-Law 2013-113 to Delegate Authority to Convey Easements to Alectra” be received; and, 

      

  2. That By-Law 2013-113 – “A By-Law to Delegate Authority to Conduct Certain Real Property Transactions” be amended to authorize the Senior Manager of Real Property to:

      

     1. execute any documents and/or agreements required to convey easements over City-owned lands to Alectra Utilities Corporation (“Alectra”) and/or its affiliates where such easements are required by Alectra to provide services to Cityowned property, provided the form of the easement is satisfactory to the Senior Manager of Real Property and the City Solicitor or his/her designate; and

         

     2. to determine the purchase price to be paid by Alectra for easements over City-owned lands as described in resolution #2(a), provided that the purchase price is at least 90% of Fair Market Value; and

         

     3. to determine the purchase price paid by Alectra, including a nominal purchase price where the requirement for easements as described in #2(a) are not prompted by third party development or construction

         

  3. That Council adopt the By-law attached as Attachment No.1 of this Report to amend By-Law 2013-113 “A By-Law to Delegate Authority to Conduct Certain Real Property Transactions” at the next Council meeting; and, 

      

  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

2021-2022 THORNLEA POOL RESTORATION (3.0)

• 1. That the presentation entitled “2021-2022 Thornlea Pool Restoration” be received; and,
  2. That a capital project for Phase 1 and 2 be established in the amount of $2,307,412.  The capital project will include the design and construction as outlined in this presentation; and, 
  3. That the project be funded from the Lifecycle Reserve; and,
  4. That authority be given to the Sr. Manager of Procurement & Accounts Payable to work with the applicable Director to undertake an informal pre-qualification and award process with a minimum of three (3) vendors and consultants to expedite the procurement process when necessary, by allowing a preferred vendor list to be developed, used and released to the market; and,
  5. That authority be given to the CAO to award the tenders outlined in recommendation 4; and,
  6. That a new contract Project Manager position in the Sustainability and Asset Management Department be funded from this project; and further, 
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.2.5

TRANSFER PAYMENT AGREEMENT FOR THE PROVINCIAL AUDIT AND ACCOUNTABILITY FUND (AAF) (7.0)

• 1. That the report entitled “Transfer Payment Agreement for Provincial Audit and Accountability Fund” be received; and,
  2. That the Mayor and Clerk be authorized to execute the Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) to fund the Plan for Expansion of the Administrative Monetary Penalties System (AMPS) , provided the agreement is in a form satisfactory to the Commissioner of Corporate Services and the City Solicitor; and,
  3. That a new capital project named, “Plan for Expansion of the Administrative Monetary Penalties System” be created in the amount of $110,000.00 to be funded from the Provincial Audit and Accountability Fund; and,
  4. That the tendering process be waived in accordance with Purchasing By-Law 2017-8 (Part II, Section 11.1 Non Competitive Procurement, item 1 item 1 (h)); and,
  5. That the contract for consulting services for the expansion of the administrative penalties system be awarded to WSCS Consulting Inc. in the amount of $89,511.25 (inclusive of HST); and,
  6. That the remaining balance in the amount of $20,488.75 be retained within the new capital project for any additional costs related to the project, and that authorization to approve expending of this amount up to the specified limit be in accordance with the Expenditure Control Policy; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.6

ANIMAL CARE COMMITTEE MINUTES - NOVEMBER 18, 2020, DECEMBER 16, 2020 AND JANUARY 20, 2021 (16.34)

• 1. That the minutes of the Animal Care Committee meetings held November 18, 2020, December 16, 2020 and January 20, 2021 be received for information purposes, and,
  2. That the Animal Care Committee express its sincere appreciation to Council for approving the Legislative Services Animal Care Model and that it request that staff report back in one year on any impacts on the service level.

8.3

REPORT NO. 10 - DEVELOPMENT SERVICES COMMITTEE (JANUARY 25, 2021)

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

8.3.1

RECOMMENDATION REPORT, NEST (VS) GP INC., APPLICATIONS FOR ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT 12 TOWNHOUSES AT 10165 VICTORIA SQUARE BLVD (WARD 2) (10.5, 10.7)

Note: At the March 30, 2021 Development Services Committee meeting, staff provided an update memorandum titled “Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)”.

• 1. That the report titled “RECOMMENDATION REPORT, Nest (VS) GP Inc., Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)” be received; and,
  2. That the deputation from Joan Smith, be received;
  3. That at the January 25, 2021 Development Services Committee, staff was  directed to report back to a future Development Services Committee meeting on the following: 
     a. The feasibility of the applicant covering all installation connection costs for municipal water and sanitary sewers to the property at 10183 Victoria Square Boulevard, at the time of construction as part of the reconstruction at Victoria Square Boulevard in 2022, and obtaining consent from the property owner; and, 
     b. That staff be directed to discuss with the owner of 10183 Victoria Square Boulevard regarding the connection from the municipal property boundary to the private home and the associated costs, and whether the homeowner will be agreeing to pay for that connection.
  4. That the update memorandum dated March 30, 2021 titled “Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)”, to address 3 (a) and 3 (b), be received, and,
  5. That staff be directed to continue to work with the applicant to install landscaping along the north side of the property line adjacent to 10183 Victoria Square Boulevard;
  6. That the maintenance of landscaping along the frontage of the development be maintained as part of the condominium development and ensure that the municipal boulevard is maintained;
  7. That the record of the public meeting held on June 18, 2019, regarding the applications by Nest (VS) GP Inc. regarding the Draft Plan of Subdivision and Zoning By-law Amendment Applications to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)” be received; and,
  8. That the application submitted by Nest (VS) GP Inc. to amend Zoning By-law 304-87, as amended, be approved and the draft by-law attached as Appendix ‘B’ be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  9. That Draft Plan of Subdivision application (SU 19 179147) submitted by Nest (VS) GP Inc. be approved subject to the conditions outlined as Appendix ‘A’ and the pre-conditions outlined in Appendix ‘C’; and,
  10. That the Director of Planning and Urban Design, or his designate, be delegated authority to issue draft plan approval, subject to the conditions set out as Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or designate; and,
  11. That draft plan approval for Plan of Subdivision 19TM-19002 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and,
  12. That Council assign servicing allocation for a maximum of 12 townhouse units; and,
  13. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and further,
  14. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2021-26)

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

• 1. That the report titled “2020 Summary of Remuneration and Expenses for Councillors and Appointees to Boards” be received; and further,

      

  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

11.2

BILL 257, SUPPORTING BROADBAND AND INFRASTRUCTURE EXPANSION ACT, 2021 (7.13)

• 1. That the memorandum on "Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021", be received.

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2021-21 to 2021-24 and 2021-26 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2021-21 A  BY-LAW TO AMEND PARKING BY-LAW 2005-188  (65M-2742)

13.2

BY-LAW 2021-22 A BY-LAW TO AMEND BY-LAW 2019-83 BEING A BY-LAW TO APPOINT DEPUTY CLERKS FOR THE CORPORATION OF THE CITY OF MARKHAM

13.3

BY-LAW 2021-23 B. MCGREGOR DEVELOPMENTS LIMITED, PART LOT CONTROL BY-LAW

13.4

BY-LAW 2021-24 LIVANTE HOLDINGS (VICTORIA SQUARE WOODBINE) INC.; HOLD REMOVAL BY-LAW

A By-law to amend By-law 177-96, as amended, in order to allow a mixed use mid-rise building.

13.5

BY-LAW 2021-26 NEST (VS) GP INC., PART OF LOT 22, CONCESSION 4, 10165 VICTORIA SQUARE BOULEVARD, ZONING BY-LAW AMENDMENT

A By-law to amend By-law 304-87, as amended, and to amend By-law 177-96, as amended in order to permit a residential development.

(Item 8.3.1, Report 10)

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

APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - MARCH 9, 2021 (10.0)

14.1.2

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

14.1.3

APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES - APPOINTMENT OF MEMBER TO THE BOARD OF MANAGEMENT FOR THE MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA (MVBIA) (16.24) [SECTION 239 (2)(b)]

14.2

NEW/ OTHER  BUSINESS

14.2.1

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; SURPLUS LANDS REPORT (8.7) [SECTION 239 (2) (c)]

14.3

DEVELOPMENT SERVICES COMMITTEE

14.3.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – LPAT APPEAL DEVELOPMENT GROUP (100 SAW) INC. (8.0) [Section 239 (2) (e)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2021-25 be given three readings and enacted.

  Three Readings

  BY-LAW 2021-25 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 31, 2021.
  No attachment

16.

ADJOURNMENT