Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 20

Tuesday, November 24, 2020 at 1:00 P.m. - 4:30 P.m.

Live streamed

​Alternate formats for this document are available upon request.

Council meetings are live video and audio streamed on the City's website.

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 - NOVEMBER 10, 2020

• 1. That the Minutes of the Council Meeting held on November 10, 2020, be adopted.

4.

PRESENTATIONS

4.1

PRESENTATION - POLICING IN A CHANGING ENVIRONMENT (13.4)

Note: Presentation attached.

Chief Jim MacSween, York Regional Police will deliver a presentation.

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

36-2020 - MEMORANDUM - DEEMING BY-LAW 37 & 41 ELM STREET (10.0)

Memorandum dated November 16, 2020 from Commissioner of Development Services and Director of Planning and Urban Design, regarding Deeming By-law for 37 & 41 Elm Street.

• 1. That the memorandum titled “Deeming By-Law, Patrick O’Hanlon & David Hicks, 37 & 41 Elm Street, File No: 2020 107378 DEEM”, be received;and,
  2. That the Deeming By-Law attached as Appendix A to this memorandum be approved and enacted without further notice; and,
  3. That Staff be authorized to do all things necessary to give effect to the resolution.

  (By-law 2020-134)

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. National Day of Remembrance and Action On Violence Against Women – December 6, 2020
     2. Human Rights Day – December 10, 2020
     3. Nanjing Massacre Day – December 13, 2020 
  2. 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. International Day of Persons with Disabilities – December 3, 2020

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 35 - DEVELOPMENT SERVICES COMMITTEE (NOVEMBER 9, 2020)

Please refer to your November 9, 2020 Development Services Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

8.1.1

TRAFFIC OPERATIONS PROJECTS UPDATE (5.10)

• 1. That the memorandum entitled, “Traffic Operations Projects Update” be received; and,
  2. That staff work with key stakeholders including the Cycling and Pedestrian Advisory Committee and in consultation with the local Ward Councillor to develop an annual Open Streets program and to report back to Council prior to implementation; and,
  3. That the temporary parking prohibition on the west side of Main Street Unionville, between Station Lane and Carlton Road, be maintained on a permanent basis; and,
  4. That the temporary 30 km/h speed limit on Main Street Unionville, between Station Lane and Carlton Road, be made permanent as described in the attached by-law amendment; and,
  5. That the speed limit on Main Street Markham North between Bullock Drive/Parkway Avenue and Highway 7 be reduced from 50 km/h to 40 km/h, as described in the attached bylaw amendment; and,
  6. That the posted speed limit on Markham Main Street North between 16th Avenue and Bullock Drive be referred back to staff for review; and further,
  7. That staff be directed to do all things necessary to give effect to this resolution.

  (By-law 2020-132)

8.1.2

HIGHWAY 404 MID-BLOCK CROSSING, NORTH OF 16TH AVENUE AND CACHET WOODS COURT EXTENSION – PROJECT UPDATE AND PROPERTY ACQUISITION FOR LANDS ON CACHET WOODS COURT, MARKLAND STREET AND ORLANDO AVENUE (WARD 2) (5.10)

• 1. That the report titled “Highway 404 Mid-block Crossing, North of 16^th Avenue and Cachet Woods Court Extension – Project Update and Property Acquisition for lands on Cachet Woods Court, Markland Street and Orlando Avenue (Ward 2)”, be received; and
  2. That staff be authorized to issue a purchase order to the Regional Municipality of York (“York Region”) in the amount of $4,578,870.88, inclusive of HST impact, for Markham’s share of the cost for properties required for the project; and
  3. That the Engineering Department Capital Administration fee in the amount of $91,577.42, be transferred to revenue account 640-998-8871 (Capital Administration Fee); and
  4. That the purchase order and capital administration fees be funded from Capital Project #19035 (Hwy. 404 Midblock Crossing, North of 16^th Avenue & Cachet Woods), which currently has an available funding of $4,718,716.00; and
  5. That the remaining funds of $48,267.70 be kept in the account to cover any additional cost for the project; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

AWARD OF RFP 037-R-20 CONSULTING ENGINEERING SERVICES FOR THE DETAILED DESIGN OF THE 2020 SIDEWALK PROGRAM (WARDS 1, 2, 7 AND 8) (5.0, 7.0)

• 1. That the report entitled “Award of RFP 037-R-20 Consulting Engineering Services for the Detailed Design of the 2020 Sidewalk Program (Wards 1, 2, 7 and 8)" be received; and,
  2. That the contract for RFP 037-R-20 Consulting Engineering Services for the 2020 Sidewalk Design be awarded to the highest ranked, second lowest priced bidder, Accardi Schaeffers & Associates Ltd. in the amount of $516,833.96, inclusive of HST; and,
  3. That a 10% contingency in the amount of $51,683.40, inclusive of HST, be established to cover any additional costs to deliver the design and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That an allowance in the amount of $4,070.40, inclusive of HST, be established for permits and additional fees (i.e. TRCA review fees) that may be required as part of the work, and,
  5. That the Engineering Department Capital Administration and Contract Admin Fee in the amount of $103,277.60, inclusive of HST, be transferred to Revenue Account 640-998-8871 (Capital Admin Fees); and,
  6. That the project cost of $675,865.36 ($516,833.96 + $51,683.40 + $4,070.04 + $103,277.60), inclusive of HST, be funded from capital accounts 083-5350-20045-005 (Sidewalk Program (Design)) and 083-5350-20049-005 (Streetlighting Program (Design)) with available budget of $675,900.00; and,
  7. That the remaining budget in the amount of $34.64 be returned to the original funding source;
  8. That Staff be directed to investigate the feasibility of expanding the scope of work to include the missing section of Swan Lake Boulevard sidewalk in the 2020 Sidewalk Program; and further,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 36 - GENERAL COMMITTEE (NOVEMBER 16, 2020)

Please refer to your November 16, 2020 General Committee Agenda for reports.

Mayor and Members of Council:

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

8.2.1

2021 INTERIM TAX LEVY BY-LAW (7.3)

• 1. That the report “2021 Interim Tax Levy By-law” be received; and,
  2. That Council authorize an interim tax levy for 2021; and,
  3. That the attached by-law be passed to authorize the 2021 interim tax levy; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2020-133)

8.2.2

PROPERTY TAX PAYMENT DEFERRAL PROGRAM (7.3)

• 1. That the report entitled Property Tax Payment Deferral Program be received; and,
  2. That Council authorize a Property Tax Payment Deferral Program for the 2021 taxation year for eligible taxpayers; and,
  3. That the 2021 Interim Tax Levy By-law include the necessary clauses to permit the waiving of late payment charges for the 2021 taxation year for eligible property owners of the Property Tax Payment Deferral Program, and,
  4. That staff request a report from the Region on the impact of a new optional property subclass for small business by end of January 2021; and,
  5. That staff provide a report on the financial impact to the City resulting from the Property Tax Payment Deferral Program to General Committee in June 2021 and further;
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

STATUS OF CAPITAL PROJECTS AS OF SEPTEMBER 30, 2020 (7.5)

• 1. That the report dated November 16, 2020 titled “Status of Capital Projects as of September 30, 2020” 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 $3,891,898 be transferred to the original sources of funding as identified on Exhibit B; and
  3. That the Projects Closed and Deferred to a Future Year and the Projects Closed and Not or Partially Initiated, as identified on Exhibit C, be approved for closure and funds in the amount of $2,099,287 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 $431,780 to the approved amount of $250,000; and,
  5. That the following new capital projects, initiated subsequent to the approval of the 2020 capital budget, be approved:
     • 20302 – Royal Orchard/Bayview Transportation Improvements – Budget of $175,000 funded from Developer Fees.
     • 20303 – Residential Water Service Connections – Budget of $401,105 funded from External Revenues (home owners).
     • 20306 – Seasonal Tennis Bubble - Lighting Upgrade (South Court) – Budget of $111,936 funded from the Non-Development Charge Capital Contingency; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

AWARD OF TENDER 065-T-20 SUPPLY AND DELIVERY OF WATERWORKS AND SANITARY SEWER MATERIALS (7.12)

• 1. That the report entitled “Award of Tender 065-T-20 Supply and Delivery of Waterworks and Sanitary Sewer Materials” be received; and,
  2. That the contract for the supply and delivery of waterworks and sanitary sewer materials be awarded to the lowest priced Bidder, Wamco, for one (1) year with an option to renew the contract for two (2) additional one year terms at the same itemized pricing in the total amount of $573,514.30 inclusive of HST, broken down as follows;
     • Year 1 (2021) $191,171.43
     • Year 2 (2022) $191,171.43
     • Year 3 (2023) $191,171.43

       Total (3 years) $573,514.29

        

  3. That the 2021 award in the amount of $191,171.43 (Inclusive of HST) be funded from the operating accounts identified in the Financial Considerations section of this report with total available budget of $177,188.00; and
  4. That the budget shortfall in the amount of $13,983.43 ($191,171.43 - $177,188.00) be included as part of the 2021 Waterworks operating budget; and further, 
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.5

QUALITY MANAGEMENT SYSTEM - MANAGEMENT REVIEW (3.0)

• 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.

8.3

REPORT NO. 37 - DEVELOPMENT SERVICES COMMITTEE (NOVEMBER 23, 2020)

Please refer to your November 23, 2020 Development Services Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1 and 2):

8.3.1

FURTHER AMENDMENTS TO THE CONSERVATION AUTHORITIES ACT IN BILL 229: PROTECT, SUPPORT AND RECOVER FROM COVID-19 ACT (BUDGET MEASURES), 2020 (10.0)

• 1. That the report entitled “Further Amendments to the Conservation Authorities Act in Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020” be received; and,
  2. That the City of Markham request that the Province withhold the enactment of Schedule 6 of Bill 229, the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 related to changes to the Conservation Authorities Act to allow for further review and consultation with municipalities, conservation authorities and the public; and,
  3. That the staff report and resolution be forwarded to the Province of Ontario and Toronto and Region Conservation Authority; the Regional Municipality of York; the Premier of the Province of Ontario; the Ministry of the Environment, Conservation, and Parks; the Ministry of Municipal Affairs and Housing; the Ministry of Natural Resources and Forestry; and all Members of Provincial Parliament representing constituencies within the Regional Municipality of York; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.2

AUTHORITY TO PROVIDE DEVELOPMENT CHARGE CREDITS AND/OR REIMBURSEMENTS TO LINDWIDE DEVELOPMENTS (CORNELL) LIMITED FOR THE CONSTRUCTION OF INFRASTRUCTURE ON THE CITY’S BEHALF (WARD 5) (7.11, 5.0)

• 1. That the report entitled “Authority to provide Development Charge Credits and/or Reimbursements to Lindwide Developments (Cornell) Limited for the Construction of Infrastructure on the City’s Behalf (Ward 5)” be received; and,
  2. That Council authorize a City Wide Hard Development Charge credit and/or reimbursement not exceeding $331,740, to Lindwide Developments (Cornell) Limited relating to its portion of the construction costs associated with a pressure reducing valve (“PRV”) and a Chamber at the intersection of Cornell Rouge Blvd. and Highway 7 and a watermain on Highway 7 from Cornell Rouge Blvd. to Donald Cousens Parkway; and,
  3. That Council authorize a City Wide Hard Development Charge credit and/or reimbursement not exceeding $713,837, to Lindwide Developments (Cornell) Limited relating to its portion of the property and construction costs associated with the right-of-way, exceeding 23 metres and asphalt exceeding 11.0 metres, on Bur Oak Avenue from Highway 7 to 260 metres South; and,
  4. That Council authorize a City Wide Hard Development Charge credit and/or reimbursement not exceeding $550,717, to Lindwide Developments (Cornell) Limited relating to its portion of the property and construction costs associated with the right-of-way, exceeding 23 metres and asphalt exceeding 11.0 metres, on William Forster Road from Highway 7 to 200 metres South; and,
  5. That all of the above credits or reimbursements shall be the absolute value of the credits and reimbursements, and that HST, interest and/or indexing shall not be credited or reimbursed; and,
  6. That the Mayor and Clerk be authorized to execute a Development Charge Credit and/or Reimbursement Agreement(s), if required, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with Lindwide Developments (Cornell) Limited, or its successors in title to the satisfaction of the Treasurer and the City Solicitor; and further;
  7. That staff be directed to do all things necessary to give effect to this report.

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

JOHN STREET WATERMAIN EMERGENCY REPAIR OPTIONS

Note: Materials will be distributed separately. 

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

• That By-laws 2020-132 to 2020-134 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2020-132  A BY-LAW TO AMEND SPEED BY-LAW 2017-104

To establish a maximum speed limit of 50 kilometres per hour on specific streets within the City of Markham.

(Item 8.1.1, Report 36)

13.2

BY-LAW 2020-133 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY IN 2021

(Item 8.2.1, Report 36)

13.3

BY-LAW 2020-134 A BY-LAW TO DEEM CERTAIN LANDS NOT TO BE A REGISTERED PLAN OF SUBDIVISION FOR THE PURPOSES OF SUBSECTION 50(3) OF THE PLANNING ACT

PATRICK O’HANLON & DAVID HICKS, 37 & 41 ELM STREET

(Item 6.1, Communications)

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

APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 10, 2020 (16.0) [Section 239 (2) (a) (b) (c) (e) (f)]

14.2

GENERAL COMMITTEE

14.2.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; DEVELOPMENT CHARGE COMPLAINTS (8.7) [SECTION 239 (2) (e)]

14.3

NEW/ OTHER BUSINESS

14.3.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL - 73 MAIN STREET MAIN STREET SOUTH [SECTION 239 (2) (e)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2020-135 be given three readings and enacted.

  Three Readings

  BY-LAW 2020-135 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 24, 2020.
  No attachment

16.

ADJOURNMENT