Electronic General Committee Meeting Minutes

Meeting Number: 16

Monday, November 01, 2021 at 9:30 A.m. - 1:00 P.m.

Live streamed

Roll Call

• Mayor Frank Scarpitti
• Deputy Mayor Don Hamilton
• 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

Regrets

• Regional Councillor Jack Heath

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
• Kimberley Kitteringham, City Clerk
• Martha Pettit, Deputy City Clerk
• Michael Toshakovski, Deputy City Solicitor
• Adam Grant, Fire Chief
• Morgan Jones, Commissioner, Community Services
• Mark Visser, Sr Manager Strategy Innovation ＆ Investments
• Eddy Wu, Acting Director, Environmental Services
• Hristina Giantsopoulos, Election/Council & Committee Coordinator
• Frank Clarizio, Director, Engineering

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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, 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 9:33 AM with Councillor Khalid Usman presiding as Chair for all items on the agenda.

2.

DISCLOSURE OF PECUNIARY INTEREST

There were none disclosed.

3.

DEPUTATIONS

There were no deputations.

4.

COMMUNICATIONS

There were no communications.

5.

PETITIONS

There were no petitions.

6.

CONSENT REPORTS - FINANCE & ADMINISTRATIVE ISSUES

6.1

Q3 INVESTMENT PERFORMANCE REVIEW (7.0)

• Moved by Deputy Mayor Don Hamilton
  Seconded by Regional Councillor Jim Jones
  1. That the report dated November 1, 2021 entitled “2021 Third Quarter Investment Performance Review” be received.

      

  Carried

6.2

MINUTES OF THE SEPTEMBER 27, 2021 MARKHAM PUBLIC LIBRARY BOARD (16.0)

There was a brief inquiry regarding the summer bike lending program the library introduced this past summer.   

Councillor Reid McAlpine, indicated that Markham Cycles owns the bikes and manages the borrowing of them through the library.  

• Moved by Councillor Karen Rea
  Seconded by Deputy Mayor Don Hamilton
  1. That the minutes of the September 27, 2021 Markham Public Library Board meeting be received for information purposes.
  Carried

7.

CONSENT REPORTS - COMMUNITY SERVICES ISSUES

7.1

QUALITY MANAGEMENT SYSTEM - MANAGEMENT REVIEW (5.3)

• Moved by Councillor Isa Lee
  Seconded by Councillor Alan Ho
  1. That the report titled “Quality Management System Management Review” be received; and,
  2. That the “Report on Quality Management System to Council - Management Review Outcome (October 5, 2021)” (Attachment “A”) be received; and,
  3. That the reports titled “QMS Operational Plan Revision 9.0 Summary” (Attachment “B”) and “Quality Management System Operational Plan Revision 9.0 (draft)” (Attachment “C”) be received; and,
  4. That Council, as Owner of the City’s drinking water system, acknowledges and endorses the revisions made to the City’s Quality Management System Operational Plan; and,
  5. That the briefing note titled “Water Assets Capital Reinvestment Comparison (September 20, 2021)” (Attachment “D”) be received; and,
  6. 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,
  7. 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

DIVERSIFYING RECRUITMENT - CITY OF MARKHAM AND HUMBER COLLEGE (3.0)

Mayor Scarpitti, addressed the Committee to introduce the Diversifying Recruitment - City of Markham and Humber College partnership that will enhance racial diversity in firefighter recruitment.  He noted that the City is not afraid to take steps to ensure everyone is welcome and remove barriers from racialized communities and this is one of many programs the City has initiated over the years.  He thanked the City, Andy Taylor, Chief Administrative Officer, for this donation and for recognizing the importance of  barrier free hiring processes and program access.  Mr. Scarpitti welcomed, Amanda Baskwill, Associate Dean, Health Sciences and Wellness, Humber College. 

Adam Grant, Fire Chief addressed the Committee and made a presentation entitled, Diversifying Recruitment - City of Markham and Humber College which provided details regarding the City's donation of a 2007 Smeal Pumper Rescue, Spartan Gladiator fire truck and equipment.  Additionally, Humber College will create a scholarship for two Markham residents for each of the next four academic years.  Chief Grant, noted that Markham Fire and Emergency Services will provide mentorship support and summer employment opportunities through this program.  

Joanne Kinya Baker, Diversity, Equity and Inclusion Specialist, addressed the Committee and indicated that this opportunity highlights what the City wants to achieve with the Diversity Action Plan and that it promotes equity, inclusion and representation for those that may not otherwise have this opportunity.  Andy Taylor, CAO, noted that this partnership with Humber College will help level the playing field for under advantaged youth and that this initiative provides a great chance of being accepting onto fire services.  

Amanda Baskwill, addressed the Committee to thank the City for involving Humber College and that this initiative promotes values that support the College's culture of belonging and dedication to human rights and diversity. She indicated Humber College welcomes the two students into this partnership and fire services program.  

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Karen Rea
  1. That the Chief Administrative Officer be authorized to execute the Donation Agreement between the City of Markham and Humber College, and any and all associated documents, upon satisfactory review by the City Solicitor.

  Carried

9.

REGULAR REPORTS - FINANCE & ADMINISTRATIVE ISSUES

9.1

PROPOSED AMENDMENTS TO THE CITY OF MARKHAM'S APPEAL PROCESS RELATIVE TO TREE PRESERVATION BY-LAW 2008-96, STATIONARY BUSINESS LICENSING BY-LAW 2012-96, AND ANIMAL PROTECTION & SERVICES BY-LAW 2018-91 (2.0)

Trinela Cane, Commissioner, Corporate Services, addressed the Committee and introduced Kimberley Kitteringham, City Clerk to provide an overview of the recommended changes to the appeal process with respect to the Tree Preservation, Stationary Business Licensing, Mobile Business Licensing, and Animal Protection and Services by-laws.  She introduced, Hristina Giantsopoulos, Election and Committee Coordinator, who delivered a presentation that outlined the current appeal process and the staff recommendations to authorize the use of an independent hearing officer to conduct these appeals and that the Licensing Committee should be dissolved.  It was noted that the new process would be similar to that of the Administrative Monetary Penalty System (AMPS) in place for parking tickets and that it is in line with the practices with other municipalities.  

The Committee discussed the following:

• That the current appeal process is difficult to understand;
• That removing Members of Council from the process is a positive change to preserve objectivity;
• The proposed process will be more efficient and provide accurate and independent decisions;
• Concerns with the current Tree Preservation by-law and that it should contain more flexibility with respect to permit request reasons and latitude for decisions; 
• That there be consideration to restrict tree planting along property fence lines to avoid issues in the future;
• Concerns with the timing of this recommendation and the review of the Tree-Preservation by-law; and,
• An inquiry into the number of complaints received about conduct or outcome with the hearing officer process with AMPS.

Kimberley Kitteringham, advised that these hearings would be heard by skilled hearing officers that are professional adjudicators and that this model has been very successful in AMPS.  There have not been any complaints about the conduct or outcome of a hearing officer decision within the City's AMPS program.

Staff advised that this recommendation pertains only to the appeal process and that the Tree Preservation By-Law is currently under review and will come back to General Committee in Q2 2022.  

• Moved by Councillor Amanda Collucci
  Seconded by Regional Councillor Jim Jones
  1. That the report entitled “Proposed Amendments to the City of Markham’s Appeal Process Relative to Tree Preservation By-law 2008-96, Stationary Business Licensing By-law 2018-90, Mobile Licensing By-law 2012-92 and Animal Protection & Services By-Law 2018-91” be received; and,
  2. That Markham City Council authorize the use of a Hearing Officer(s) to conduct appeals under the Tree Preservation By-law 2008-96, Stationary Business Licensing By-law 2018-90, Mobile Licensing By-law 2012-92, and Animal Protection & Services By-Law 2018-91; and that all decisions made by the Hearing Officer be considered final and binding; and,
  3. That Licensing Committee By-law 203-1999 be repealed in its entirety: and, 
  4. That Tree Preservation By-law 2008-96, Stationary Business Licensing By-law 2018-90, Mobile Licensing By-Law 2012-92, and Animal Protection & Services By-Law 2018-91 be amended to reflect the new appeal process; and further,  
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

10.

REGULAR REPORTS - COMMUNITY SERVICES ISSUES

10.1

COLLECTION CONTRACT EXTENSION - MILLER WASTE SYSTEMS (5.1)

Eddy Wu, Director, Environmental Services, addressed the Committee to advise that the current Miller Waste Systems Collection Contract will be extended from November 2, 2021 to February 28, 2022, due to delivery difficulties of the new recycling vehicles.  The new contract will begin March 1, 2022.  

The Committee inquired on whether this extension would affect the contract end date and if the new fleet would be equipped with lift and arm mechanisms. 

Staff advised that the end date of the eight year collection contract would be extended to correspond to the extension required and that the fleet vehicles that pick up the green bins will have lift and arm equipment and will be able to accommodate the larger green bins.    

• Moved by Councillor Keith Irish
  Seconded by Regional Councillor Jim Jones
  1. That the report entitled “Collection Contract Extension – Miller Waste Systems” be received; and,

  2. That Council approve a four (4) month extension, from November 2, 2021 to February 28, 2022 of the current Miller Waste Systems Collection Contract at an estimated cost of $3,856,908 (inclusive of 1.76% HST); and,

  3. That Council approve a revised start date for the new Miller Waste Systems Collection Contract from November 2, 2021 to March 1, 2022, which will result in a favourable variance to the 2021 budget in the amount of $455,710 and a 2022 budget reduction of $371,735 (inclusive of 1.76% HST); and,

  4. That the Request for Proposal process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1(c), Non Competitive Procurement, when the extension of an existing contract would prove more cost-effective or beneficial to the City; and,

  5. That the City Solicitor be authorized to prepare the agreements for the extension of the current Collection Contract and the revised start date of the new Collection Contract, in consultation with Waste Management Staff, and in accordance with the terms, rates, and conditions outlined in this report; and,

  6. That the Mayor and Clerk be authorized to execute the agreements for the extension of the current Collection Contract and the revised start date of the new Collection Contract; and further,

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

10.2

INFORMATION REPORT ON YORK REGION 2021 WATER AND WASTEWATER MASTER PLAN PRESENTATION (5.3)

Eddy Wu, Director, Environmental Services, addressed the Committee to provide background on this information report regarding the York Region 2021 Water and Wastewater Master Plan and that this is a follow up in response to the General Committee meeting on October 18, 2021, where staff was requested to provide a resolution to be sent to the Region that ensures that the City and Regional projects are being conducted and completed on a timely basis and that there is no impact to service for City projects.

The Committee discussed support of the report and the importance of these capital investments.  The Committee noted the importance of data sharing between the Region and the City to avoid project redundancy and would like to ensure that project timelines match to avoid service disruptions to the area of North Markham (Highway 404 North Secondary Plan, Future Urban Area).

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Karen Rea
  1. That the Information report entitled “York Region 2021 Water and Wastewater Master Plan Presentation ” be received; and,
  2. That the Region’s final 2021 Water and Wastewater Master Plan include the necessary regional water and sewer infrastructure projects to provide uninterrupted water supply to support developments in North Markham (Highway 404 North Secondary Plan, Future Urban Area); and,
  3. That, prior to the finalization of the Region’s 2021 Water and Wastewater Master Plan Update, Region staff share their modelling data and related information with Markham staff, for review and reconcile differences in design assumptions and demand projections to ensure that the growth and development expected in North Markham (Highway 404 North Secondary Plan, Future Urban Area) can be appropriately serviced; and,
  4. That the proposed timeframe for implementing key water and wastewater projects, as identified in the Region’s draft 2021 Water and Wastewater Master Plan, be revised to coincide with forecasted growth anticipated for North Markham by 2031; and,
  5. That the Region and the City work together in developing innovative solutions which may include interim servicing options as required when long term solutions are not available to service development at the time of the request; and,
  6. That the Region expedite the necessary Environmental Assessments for the regional sewer and water infrastructure projects, to ensure their timely implementation to provide uninterrupted water supply for developments in North Markham (Highway 404 North Secondary Plan, Future Urban Area); and,
  7. That the Region provide the City of Markham with a list of all planned water and wastewater projects included in its 2021 Water and Wastewater Master Plan, their respective construction value and implementation timeframe; and,
  8. That the Region be advised accordingly; and further,
  9. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

11.

MOTIONS

There were no motions.

12.

NOTICES OF MOTION

There were no notices of motions. 

13.

NEW/OTHER BUSINESS

There was no new or other business. 

14.

ANNOUNCEMENTS

There were no announcements.

15.

ADJOURNMENT

• Moved by Councillor Amanda Collucci
  Seconded by Councillor Isa Lee

  That General Committee adjourn at 11:06 AM.

  Carried