Council
Minutes
April
3, 2018, 7:00 PM
Council Chamber, Anthony
Roman Markham Civic Centre
Meeting No. 6
Roll Call
Deputy Mayor Jack Heath,
Regional Councillor Jim Jones, Regional Councillor Joe Li (arrived 7:05 pm), Regional Councillor
Nirmala Armstrong, Councillor Valerie Burke, Councillor Alan Ho, Councillor Don
Hamilton, Councillor Karen Rea, Councillor Colin Campbell, Councillor Amanda
Collucci(arrived 7:09 pm) Councillor Alex Chiu.
Regrets
Mayor Frank Scarpitti
Councillor Logan Kanapathi
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Trinela Cane, Commissioner
of Corporate Services
Brian Lee, Acting
Commissioner of Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Kimberley Kitteringham, City
Clerk
Alida Tari, Deputy City
Clerk
John Wong, Technology
Support Specialist
Bryan Frois, Chief of Staff
Andrea Berry, Senior
Manager, Corporate Communications & Community Engagement
The meeting of
Council convened at 7:02 PM on April 3, 2018 in the Council Chamber. Deputy
Mayor Jack Heath presided.
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.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL
MINUTES MARCH 20, 2018
Moved by Councillor
Alex Chiu
Seconded by Councillor
Colin Campbell
1) That
the Minutes of the Council Meeting held on March 20 2018, be adopted.
Minutes
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
(1) DEPUTATIONS – WHISLTE
CESSATION ON STOUFVILLE GO LINE – MARCH 2018 PROGRESS UPDATE (WARDS 3, 4, 5
& 8) 5.12)
(Item
No. 2, Report7A)
Brian Lee,
Acting Commissioner of Development Services, provided an update on the City’s
whistle cessation progress and on By-law 2018-19 which is included in the
Council agenda.
The
following individuals representing The Giving Tree addressed Council on this
matter:
1. Nolan Isa
2. Adrian Zerczi
3. Kristin Zerczi
4. Kenan Ergir
5. Ore Kortanki
6. Shanta Sundarason
The
group provided a list of questions, to which Brian Lee provided a high level
response. A more detailed reply will be provided to Ms. Sundarason by email.
5. COMMUNICATIONS
Moved by Councillor
Colin Campbell
Seconded by Councillor
Alex Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
Received
6-2018 COMMUNICATION – CYBER SECURITY
AUDIT (7.13)
Item No. 1, Report No. 12
Memo
(By-law 2018-22, 2018-23)
Memo
Carried
6. PROCLAMATIONS
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Valerie Burke
(1) PROCLAMATIONS
AND FLAG RAISING REQUESTS (3.4)
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Markham
Thunder Week in the City of Markham (March 26-31, 2018)
- Be
Kind to Animals Week (May 6 – 12, 2018)
- National
Public Works Week (May 20 – 26, 2018)
- Walk
for Values (May 21 – 28, 2018)
- Multiple
Sclerosis Awareness Day (May 23, 2018)
2) That
the following requests for flag to be raised at the Anthony Roman Markham Civic
Centre flagpole, approved by the City Clerk in accordance with the City of
Markham Community Flag Raisings & Flag Protocol Policy, be received for
information purposes:
- Walk
for Values (May 21 – 28, 2018)
(Organized by Walk for Values)
- Multiple
Sclerosis Awareness Day (May 23, 2018)
(Organized by York Region MS Chapter)
Carried
7(A) REPORT NO. 11 – DEVELOPMENT SERVICES COMMITTEE
(March 9, 2018)
Moved by Councillor
Karen Rea
Seconded by Councillor
Don Hamilton
That the
report of the Development Services Committee comprised of 2 items be received
and adopted.
(1) PROPOSED
BIKE-SHARE FEASIBILITY STUDY (5.10)
Report
1) That
the report entitled “Proposed Bike-Share Feasibility Study”, be received; and,
2) That
staff, in partnership with York Region, undertake a three-step feasibility
study to understand the potential for a bike-share program and identify
requirements needed to implement a successful pilot project, including
coordination with the bike-share program in the City of Toronto and other
adjacent municipalities; and,
3) That,
upon completion of Step 2 of the feasibility study, staff be directed to report
back on the findings and recommendations; and,
4) That
York Region be requested to partner with the City to undertake the feasibility
study; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
1) That
the report entitled “Whistle Cessation on Stouffville GO Line – March 2018
Progress Update (Wards 3, 4, 5 & 8)” be received; and,
2) That
the draft By-law substantially in the form attached hereto as Attachment “B” be
approved and placed on the next City of Markham Council agenda for adoption;
and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(7(B) REPORT NO. 12 GENERAL COMMITTEE (MARCH 26,
2018)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
That the
report of the General Committee comprised of 9 items be received and adopted.
(1) REPORT OF THE AUDITOR
GENERAL
- CITY OF MARKHAM CYBER SECURITY AUDIT (7.13)
Presentation Report
1) That the presentation prepared by Geoff Rodrigues, CPA, CA,
CIA, CRMA, ORMP, MNP LLP, Auditor General, City of Markham, entitled “City of
Markham Cyber Security Audit,” be received; and,
2) That the report entitled “Cyber Security Audit – Auditor
General’s Report,” be received; and,
3) That the City be directed to enhance the City’s current security program by
formalizing efforts and priority for cyber security. The City should determine
the level of security that they wish to achieve, improve their existing practices,
and monitor progress towards its security objectives; and further,
4) That City staff be
authorized and directed to do all things necessary to give effect to these
recommendations.
Carried
Memo
1) That the revised memo dated March 27, 2018 regarding “Markham’s
Municipal Election Candidate Contribution Rebate Program,” be received.
Carried
Report
1) That the report
entitled “Contract Extension for 053-R-12 Bunker Gear” be received; and,
2) That the contract
053-R-12 Bunker Gear be extended to Safedesign Apparel Ltd. (“Safedesign”) for
an additional 5 years (February 1, 2018-December 31, 2022), with a 3.5% annual
increase as follows:
·
2018 $170,920.00 (80 units x
$2,136.50 per unit)
·
2019 $30,957.92 (14 units x
$2,211.28 per unit)
·
2020 $196,825.62 (86 units x
$2,288.67 per unit)
·
2021 $99,488.76 (42 units x
$2,368.78 per unit)
·
2022 $147,101.40 (60 units x
$2,451.69 per unit)
·
Total $645, 293.70 (282 units);
and,
3) That the tendering process be
waived in accordance with Purchasing By-law 2017-8, Part II, Section 7 (1) (c)
which states “when the extension of an existing contract would prove more
cost-effective or beneficial”; and,
4) That funds be provided
from 067-6150-18111-005 Bunker Gear Life Cycle Replacement in the amount of
$149,555.00 and 067-6150-18115-005 Replacement of Equipment due to Staff
Retirement in the amount of $21,365.00 for the 2018 award for a total amount of
$170,920.00. And that the remaining funds in the amount of $5,345 from capital
project 18111 Bunker Gear Life Cycle Replacement be returned to the original
funding source; and,
5) That Staff be
authorized to amend the award amounts in years 2018-2022 to reflect changes to
the Capital budget accounts, subject to Council approval, as part of the annual
budget process; and further,
6) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
Report Attachment
A
1) That
the report entitled “Consulting Engineering Services for Markham Village/
Unionville Flood Control Study”, dated March 26, 2018, be received; and,
2) That
the tendering process for the Consulting Engineering Services for Markham
Village/ Unionville Flood Control Study be waived in accordance with Purchasing
By-Law 2017-8, Part II, Section 11.1 (h); which states that “where it is
necessary or in the best interests of the City to acquire non-standard items or
Consulting and Professional Services from a preferred supplier or from a
supplier who has a proven track record with the City in terms of pricing,
quality and service”; and,
3) That
the Consulting Engineering Services contract for Markham Village / Unionville
Flood Control Study be awarded to R.V. Anderson Associates Limited to an upset
fee limit of $973,195.00 inclusive of disbursement and HST impact; and,
4) That a
contingency amount of $97,319.50 inclusive of disbursement and HST impact be
established to cover any additional work and that the Director of Environmental
Services be authorized to approve expenditure of this contingency amounts up to
the specified limit in accordance with the Expenditure Policy; and,
5) That
the consulting engineering services in the amount of $1,070,514.50 ($973,195.00
+ $97,319.50) be funded from capital project #18273 “Flood Control Remediation
– Study” as outlined under the financial consideration section; and,
6) That
the budget remaining in project #18273 “Flood Control Remediation Study” in the
amount of $3,485.50 will be returned to the original funding source; and,
7) That
the Mayor and Clerk be authorized to execute the agreement with R.V. Anderson
Associates Limited, in a form approved by the City Solicitor; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
1) That
the report titled “Bill Crothers Secondary School Outdoor Sports Field Joint
Use and Maintenance Agreement” be received; and,
2) That
Council authorize the Mayor and Clerk to execute the “Bill Crothers Secondary
School Outdoor Sports Field Joint Use and Maintenance Agreement” to the
satisfaction of the Commissioner of Community and Fire Services and the City
Solicitor; and further,
3) That Staff be authorized and
directed to do all things necessary to give effect to this resolution.
Carried
Report Attachment
A
1) That
the report titled “Annual Water Quality Report (January-December 2017)” 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 Annual 2017 Regulatory Water Quality Report (Attachment “A”),
containing information for the Ministry
of the Environment and Climate Change (MOECC) 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 Annual 2017 Detailed Regulatory Water
Quality Report on the City’s website and that it has been made available
electronically and in hard copy version by February 28, 2018 as per
regulations; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Presentation Report
1) That the presentation by Ms. Glenda Lucas, Principal SHS
Consulting entitled “Request to City of Markham in Support of Affordable Rental
Housing Project,” be received; and,
2) That the report
entitled “Markham
Interchurch Committee for Affordable Housing – Financial Assistance” be
received; and,
3) That Council authorize a loan to Markham Interchurch
Committee for Affordable Housing equal to City of Markham Development Charges
estimated to be $474,656 and the reduced cash-in-lieu of parkland contribution
(equivalent to 5% of the land value) payable, estimated at $48,696, payable in
respect of 32 eligible affordable rental units proposed by Markham Interchurch Committee for Affordable Housing at 20 Water Street, for a term of 20
years, forgivable on compliance with the terms set out in this report; and,
4) That the funding for the loan be provided from the Corporate
Rate Stabilization Reserve; and,
5) That the loan be conditional on the execution of a
funding/loan agreement between the City of Markham and Markham Interchurch Committee for Affordable Housing respecting the
continuity of the affordability of the
units, for a term of 20 years to the satisfaction of City Solicitor;
and,
6) That the loan be secured in a manner satisfactory to the
Chief Administrative Officer, in his/her sole and absolute discretion; and,
7) That the Mayor and Clerk be authorized to execute the
agreement described in clause 4 and any documents or related agreements
required to obtain security for the loan as described in clause 5, and any other related agreements or documents
required to give effect to this resolution; and further,
8) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
Presentation
1) That the presentation by Mr. Nasir Kenea, Chief Information
Officer entitled “Smart Cities Challenge Update,” be received; and,
2) That Staff develop the final Markham’s Smart City Challenge
submission for review and approval by the Chief Administrative Office; and
further,
3) That Staff be authorized and
directed to do all things necessary to give effect to this resolution.
Carried
(9) PILOT PRIVATE PLUMBING
PROTECTION PROGRAM (5P) FOR FLOOD RISK REDUCTION (5.7)
Presentation Bylaw
1) That the presentation by Mr. Robert Muir, Manager, Stormwater entitled, “Pilot Private Plumbing Protection Program (5P) for Flood Risk
Reduction”, dated March 26, 2018, be received; and,
2) That Staff implement
the 5P for Flood Risk Reduction starting May 1, 2018 with retroactive
eligibility for rebates beginning on May 1, 2017; and,
3) That the tendering process for the Consulting Engineering
Services to support the 5P for Flood Risk Reduction be waived in accordance
with Purchasing By-Law 2017-8, Part II, Section 11.1 (h); which states that
“where it is necessary or in the best interests of the City to acquire
non-standard items or Consulting and Professional Services from a preferred
supplier or from a supplier who has a proven track record with the City in
terms of pricing, quality and service”; and,
4) That the Consulting
Engineering Services to support the 5P program be awarded to R.V. Anderson
Associates Limited to an upset fee limit of $117,219 inclusive of disbursement,
contingency and HST impact; and,
5) That the 5P program cost of $1.37M be funded through the
Stormwater Fee Reserve; and,
6) That a new capital
project in the amount of 1.37M be established for the “5P for Flood Risk Reduction”;
and,
7) That the tendering process for the Consulting Engineering
Services be waived in accordance with Purchasing By-Law 2017-8, Part II,
Section 11.1 (h), and the Consulting Engineering Services contract be awarded
to R.V. Anderson Associates Limited in the amount of $117,219 (to be funded
from the new capital account); and,
8) That the remaining funds of $1,252,781 be retained and be
used for the rebate and education for 5P program; and,
9) That the “Plumbing Protection Rebates By-law” substantially
in the form appended to the presentation as Attachment “A”, be approved/adopted
by Council; and,
10) That Staff report back in 2020 following the initial 2 year
pilot and evaluate effectiveness of the program; and further,
11) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
Moved by Councillor
Don Hamilton
Seconded by Councillor
Colin Campbell
That
the report of the Development Services Committee comprised of 1 item be
received and adopted.
(1) AUTHORIZATION TO EXECUTE A DEVELOPMENT
CHARGE PREPAYMENT AGREEMENT WITH KYLEMORE COMMUNITIES (YORKTON) LTD
(10.5)
Memo
1) That
the Staff memorandum dated April 3, 2018, regarding “Authorization to Execute a
Development Charge Prepayment Agreement with Kylemore Communities (Yorkton)
Ltd.” be received;
2) And
that the Mayor and Clerk be authorized to execute the prepayment agreement as
described herein’;
3) And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution
Carried
8. MOTIONS
There were no motions.
9. NOTICE OF MOTION TO RECONSIDER
There were no
notices of motions to reconsider.
10. NEW/OTHER BUSINESS
Moved by Councillor
Alan Ho
Seconded by Councillor
Don Hamilton
Report
1) That the Report "Approval for Staff to Attend
International Sport Event" be received; and,
2) That Council approve Janis Cookson, Sr.
Manager Sport Development, attendance at the 2018 World Table Tennis
Championships in Sweden, April 26th – April 30th 2018;
and,
3) That the cost of the airfare be funded
through the Recreation Services Training and Conference budget with the
remaining costs covered by Table Tennis Canada; and
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
11. ANNOUNCEMENTS
There were no announcements.
12. BY-LAWS
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Valerie Burke
That By-law
2018-19 regarding Whistle Cessation be given three readings and enacted.
Carried
(See following to consider the matter)
Council consented to consider the matter related to the Whistle
Cessation By-law immediately following the Deputation Section of the Council
agenda.
Moved by Councillor
Alex Chiu
Seconded by Councillor
Amanda Collucci
That By-laws
2018-17 to 2018-18, 2018-20, 2018-22 and 2018-23 be given three readings and
enacted.
Three Readings
A By-law to authorize the payment of rebates to eligible individuals
who make contributions to candidates for an office on Markham City Council.
(Item No. 4, Report No. 12)
By-law
Carried
A
By-law to amend By-law 88-76, as amended, to add a child care centre.
(Item
No.1, Report No. 5 – February 13, 2018 Council Meeting)
By-law
Carried
A
By-law that prohibits train whistling at selected City crossings, as required
by the Transport Canada “Procedure for Eliminating Whistling at Public Grade
Crossings.
(Item No. 2, Report No. 12)
By-law
Carried
A
By-law to establish a program to provide rebates for the Pilot Private Plumbing
Protection Program to reduce the risk of basement flooding
(Item No. 11, Report No. 12)
By-law
Carried
BY-LAW 2018-22 TIMES GROUP CORPORATION, PART OF BLOCK 45,
PLAN65M-3226, SOUTH OF HIGHWAY 7, BETWEEN SOUTH PARK ROAD AND SADDLECREEK DRIVE,
AMENDMENT TO THE IN FORCE
OFFICIAL PLAN (REVISED 2014), AS AMENDED
A by-law to adopt an Official Plan
Amendment to the in force Official
Plan (Revised 2014), as amended, to provide for maximum building heights of 37 and 34 storeys, and to add an
Area and Site Specific Policy with respect to securing a public elementary
school site.
(Item No. 1, Report No. 9 – March 20, 2018 Council Meeting)
By-law
Carried
BY-LAW 2018-23 TIMES GROUP CORPORATION, PART OF BLOCK 45,
PLAN65M-3226, SOUTH OF HIGHWAY 7, BETWEEN SOUTH PARK ROAD AND SADDLECREEK DRIVE,
ZONING BY-LAW AMENDMENT
A
by-law to amend By-law 177-96, as amended, to rezone
the subject lands.
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
Council
consented to not resolve into private session to discuss the following confidential
matters:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
MARCH 20, 2018 (16.0)
[Section 239 (2) (b) (c) (e)]
General Committee March 26, 2018
(2) GENERAL COMMITTEE CONFIDENTIAL MINUTES
-
MARCH 26, 2018 (16.0)
[Section
239 (2) (b) (c) (d) (f)]
(3) THE
SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (CYBER SECURITY
AUDIT) (7.13)
[Section 239 (2) (a)]
(4) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 2) (8.6)
[Section 239 (2) (c)]
(5) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 2) (8.6)
[Section 239 (2) (c)]
(6) ADVICE THAT IS SUBJECT TO
SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE
(TIMES GROUP CORP.)
[Section 239 (2) (f)]
Carried
The confidential items were
approved by Council as follows:
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
1) That
the Confidential Council minutes dated March 20, 2018 be confirmed.
Carried
GENERAL COMMITTEE – MARCH 26, 2018
(2) GENERAL
COMMITTEE CONFIDENTIAL MINUTES
– MARCH 26, 2018 (16.0)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
1) That
the General Committee Confidential minutes dated March 26, 2018, be confirmed.
Carried
(3) THE SECURITY OF THE
PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (CYBER SECURITY AUDIT) (7.13)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
1) That the confidential presentation regarding the security of
the property of the municipality or local board (Cyber Security Audit) be
received; and,
2) That staff be authorized to proceed as directed by Council on April
3, 2018
Carried
(4) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 2) (8.6)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
1) That
the confidential report on the proposed or pending acquisition or disposition
of land by the municipality or local board in Ward 2 be received; and,
2) That
staff be authorized and directed to do all things necessary to give effect to
the foregoing; and further,
Carried
Report
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
1) That
the report entitled “Reporting Out Of Real Property Acquisition – 2801 19th
Avenue” be received; and,
2) That
Staff be authorized and directed to take the actions set out in this report.
Carried
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
That staff be authorized to prepare an agreement to be
executed by the Mayor and City Clerk to enter into a prepayment agreement for
Development Charges with 1107656 Ontario Inc. (Times Group Corp), conditional
on the April 3, 2018 Council endorsement.
Carried
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by
Regional Councillor Jim Jones
That By-law
2018-21 be given three readings and enacted.
Three Readings
BY-LAW 2018-21 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
APRIL 3, 2018.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Jim Jones
That
the Council meeting be adjourned at 7:32 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Jack
Heath
City
Clerk Deputy
Mayor
(Signed)