Electronic General Committee Meeting
Revised Agenda
Revised Items are Italicized.

Meeting Number: 18

Monday, November 29, 2021 at 9:30 A.m. - 4:00 P.m.

Live streamed

Please bring this General Committee Agenda to the Council meeting on December 14, 2021.

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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.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

MINUTES OF THE NOVEMBER 15, 2021 GENERAL COMMITTEE (16.0)

• 1. That the minutes of the November 15, 2021 General Committee meeting be confirmed.

4.

DEPUTATIONS

5.

COMMUNICATIONS

5.1

COMMUNICATIONS - COYOTE RESPONSE AND CO-EXISTENCE STRATEGY (2.8)

Note: Please refer to item 7.1 for staff report.

• That the following communications providing comments regarding Coyote Response and Co-existence Strategy be received for information purposes:

  1. Areez Remtulla, on behalf of the Animal Care Committee
  2. Valerie Burke
  3. Kaushik Roy
  4. Gina Creta
  5. Michelle Chin
  6. Jin Shen
  7. Emily Guest
  8. Swan Lake Village, Board of Directors
  9. Gail Lavery
  10. Joan Honsberger
  11. Margery Brown
  12. John Ho
  13. Nadine Ellul
  14. Michael Fitz-Charles
  15. Evelin Ellison, Vice-President Ward One (South) Thornhill Residents Inc.
  16. Janet Andrews

6.

PETITIONS

7.

PRESENTATIONS - COMMUNITY SERVICES ISSUES

7.1

COYOTE RESPONSE AND CO-EXISTENCE STRATEGY (2.8)

C. Lehman, ext. 2131

Note: Presentation is now attached.

• 1.  That the report entitled Proposed City of Markham Coyote Response and Co-existence Strategy be received; and,
  2. That Markham City Council approve the proposed Coyote Response and Co-existence Strategy outlined in Attachment “F”; and,
  3. That Council request the Premier of Ontario to direct the Ministry of Northern Development, Mines, Natural Resources and Forestry to formally review the complex issue of human/coyote conflict in Ontario and to develop a comprehensive, Province-wide solution to address same; and,
  4. That Council direct staff to investigate the feasibility of  partnering with a post-secondary institution in Ontario to conduct research on the effects of urbanization on coyotes, human/coyote conflicts in an urban setting and best practices and evidence based approaches to address related issues; and,
  5. That Staff review the Coyote Response and Co-existence Strategy on a regular basis to ensure the information included is relevant and in compliance with evolving research and legislation; and,
  6. That a copy of this resolution be sent to Ontario’s 444 municipalities, the Association of Municipalities of Ontario (AMO), the Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO); the Toronto Region Conservation Authority (TRCA), and the Federation of Canadian Municipalities (FCM); and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

   

8.

PRESENTATIONS - FINANCE & ADMINISTRATIVE ISSUES

8.1

AUDIT AND ACCOUNTABILITY - ADMINISTRATIVE MONETARY PENALTY SYSTEM (AMPS) (2.17)

Note: Tammy Carruthers, Principal & CEO, WSCS Consulting Inc. will be in attendance to deliver a presentation.

Note: The report and presentation are now attached.

• 1. That the report and presentation on "Administrative Monetary Penalties - Business Case for Expansion"; be received.

9.

REGULAR REPORTS - FINANCE & ADMINISTRATIVE ISSUES

9.1

VACANT HOME TAX (VHT) REPORT BACK (7.3)

S. Manson, ext. 7514

• 1. That the report entitled "Vacant Home Tax (VHT)" be received; and,
  2. That Council provide direction on the Vacant Home Tax (VHT) as described in this report; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

10.

CONSENT REPORTS - FINANCE & ADMINISTRATIVE ISSUES

10.1

MUNICIPAL CAPITAL FACILITY - REESOR PARK TENNIS DOME (7.3) (8.2)

S. Manson, ext. 7514

• 1. That the report entitled “Municipal Capital Facilities - Reesor Park Seasonal Tennis Bubbles” be received; and,

  2. That, further to the City entering into a lease agreement (the “Lease”) with Premier Racquet Clubs Markham Corp. (the “Tenant”) for that part of the lands municipally known as 73 Wootten Way N, Markham, depicted in Appendix “A” (the “Reesor Park Tennis Bubbles Lands”), a by-law be passed pursuant to Section 110 of the Municipal Act, 2001 in a form substantially similar to the draft by-law attached as Appendix “B” to:
     1. Authorize the City to enter into a Municipal Capital Facility Agreement (the “MCF Agreement”), and any and all associated or related agreements, with the Tenant for the provision of municipal capital facilities at the Reesor Park Tennis Bubbles Lands; and
     2. Exempt the Reesor Park Tennis Bubbles Lands from taxation for municipal, regional and education purposes. Tax exemption is to be effective from the later of the following dates: (i) the commencement date of the lease; (ii) the date the Municipal Capital Facility Agreement is signed; (iii) or the date the tax exemption by-law is enacted; and,

  3. That further to the City and The Tenant entering into the Lease, Council declares that the Reesor Park Tennis Bubbles Lands are for the purposes of the municipality and are for public use as more particularly set out in the Lease; and,

  4. That subject to the by-law described in Recommendation #2 being passed, the City Clerk be directed to give written notice of the by-law to the Minister of Education, and also provide a written notice of the contents of the by-law to the Municipal Property Assessment Corporation, the Secretary of any affected school board(s) and the clerk of the Region of York; and further,

  5. That staff be authorized and directed to do all things necessary to give effect to these resolutions.

10.2

Q3 STATUS OF CAPITAL PROJECTS AS OF SEPTEMBER 30, 2021 (7.5)

L. Chen, ext. 3880

• 1. That the report dated November 29, 2021 titled “Status of Capital Projects as of September 30, 2021” 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 $1,914,897 be transferred to the original sources of funding as identified on Exhibit B; and,
  3. That the Projects Closed and Not or Partially Initiated, as identified on Exhibit C, be approved for closure and funds in the amount of $856,389 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 $486,404 to the approved amount of $250,000; and,
  5. That the Engineering Capital Contingency Project be topped up from the Development Charges - City-Wide Hard Reserve by $224,966 to the approved amount of $100,000; and,
  6. That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $33,634 to the approved amount of $100,000; and,
  7. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $54,020 to the approved amount of $100,000; and,
  8. That the Staff approved draws from Other Reserves as part of the Capital Contingency process in the amount of $339,967 be received; and,
  9. That a new Theatre capital project titled, “Technical Audio Visual Equipment” be established with a budget of $59,907, funded $30,215 from the Ramp-Up Reserve and $29,692 from an external grant; and further,
  10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.3

2022 INTERIM PROPERTY TAX LEVY REPORT (7.3)

S. Manson, ext. 7514

• 1. That the report “2022 Interim Tax Levy By-law” be received; and,
  2. That Council authorize an interim tax levy for 2022; and,
  3. That the attached by-law be passed to authorize the 2022 interim tax levy; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

10.4

STAFF AWARDED CONTRACTS FOR OCTOBER 2021 (7.12)

A. Moore, ext. 4711

• 1. THAT the report entitled “Staff Awarded Contracts for the Month of October 2021” be received; and
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution

10.5

SCHOOL CROSSING GUARD PROGRAM CONTRACT EXTENSION (7.9)

A. Moore, ext. 4711 & D. Porretta, ext. 2040

• 1. That the report entitled “ School Crossing Guard Program Contract Extension (City Wide)” be received; and,
  2. 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,
  3. That the contract for school crossing guard services be extended with Staffing Services Inc. for two (2) years from September 2022 to June 2024 in the estimated amount of $1,437,507.30 (inclusive of HST); and,
     • $ 718,753.65 September 2022 – June 2023
     • $ 718,753.65 September 2023 – June 2024
     •            $1,437,507.30 Total (Incl. of HST)      
  4. That the award be funded from Operating Budget # 740-998-5642 “School Crossing Guards”; and,
  5. That the Director of Engineering and Senior Manager, Procurement &  Accounts Payable be authorized to exercise the option to renew the contract for two (2) additional years at the same rate subject to Council approval of the annual Operating Budgets; and,
  6. That staff be authorized to amend the award amounts to reflect changes to the crossing guard operating budget account as approved by Council during the annual budgeting process; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.6

066-T-21 SHADE STRUCTURE AND RUBBERIZED SURFACE AT ARMADALE PARK (6.6) (7.9)

T. Lewinberg, ext. 2700

• 1. That the report entitled “Tender 066-T-21 Shade Structure and Rubberized Surface at Armadale Park” be received; and,
  2. That the contract for Tender 066-T-21 Shade Structure & Rubberized Surface at Armadale Park be awarded to the lowest priced bidder, Landco Group Inc. in the amount of $369,010.25, inclusive of HST; and,

  3. That a 5% contingency in the amount of $18,450.51 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

  4. That the estimated costs of $387,460.77 ($369,010.25 + $18,450.51) be funded from accounts as listed in the Financial Considerations section with budget available of $283,500.00; and,

  5. That the budget shortfall in the amount of $103,960.77 ($387,460.77 - $283,500.00) be funded from the Development Charges - City-Wide Soft Reserve in the amount of $93,564.69 (90%) and Non-DC Growth in the amount of $10,396.08 (10%); and further,

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

10.7

174-T-21 PLAY EQUIPMENT REPLACEMENT AND SITE WORK AT VAROUS PARKS (7.9)

D. Plant, ext. 4893 / M. Lee, ext. 2239

• 1. That the report entitled “Tender 174-T-21 Play Equipment Replacement & Site Work at Various Parks” be received; and,

  2. That the contract for Tender Play Equipment Replacement & Site Work at Various Parks be awarded to the lowest priced bidder, J. Hoover Ltd. in the amount of $515,822.68, inclusive of HST; and,

  3. That a 5% contingency in the amount of $25,791.13 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

  4. That the estimated costs of $541,613.82 ($515,822.68 + $25,791.13) be funded from project #21130 Play Structure Replacement with budget available of $378,720.00; and,

  5. That the budget shortfall in the amount of $162,893.82 ($541,613.82 - $378,720.00) be funded from the Life Cycle Capital and Replacement Reserve; and further,

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

10.8

201-S-21 AUTOMATED MATERIAL HANDLING EQUIPMENT FOR MILLIKEN MILLS, UNIONVILLE, AND THORNHILL COMMUNITY CENTRE LIBRARIES (7.9)

J. Fry, ext. 2539, S. Rao, ext. 4868 & R. Patano, ext. 2990

• 1. That the report entitled “ 201-S-21 Automated Material Handling Equipment for Milliken Mills, Unionville and Thornhill Community Centre Libraries” be received; and,
  2. That staff be authorized to award a contract to Bibliotheca Canada Inc. for Milliken Mills Branch for one (1) flex AMH System 5-bin sorter with one (1) patron return and one (1) staff induction station in the amount of $177,321.67 (including freight, installation, training and HST impact); and,
  3. That staff be authorized to award a contract to Bibliotheca Canada Inc. for Unionville Branch for two (2) self-check kiosks and Thornhill Community Centre Branch for two (2) self-check kiosks and one (1) flex AMH System 9-bin sorter with one (1) patron return and one (1) staff induction station in the amount of $308,424.01 (including freight, installation, training and HST impact); and,
  4. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (b) Non Competitive Procurement, “Where there is only one source of supply for the goods to be purchased; and,
  5. That the capital costs for Milliken Mills Branch be funded from capital project 20139, Milliken Mills Community Centre Lobby Enhancement, GL account 500-101-5399-20139, which has an available budget of $280,000.00; and,
  6. That the remaining budget in the amount of $102,678.33 ($280,000.00 – $177,321.67) shall remain in the capital project 20139, Milliken Mills Community Centre Lobby Enhancement, to fund the budget shortfall of the construction works required for the Milliken Mills Community Centre Lobby Enhancement via separate procurement process RFT 133-T-21; and,
  7. That the capital costs for Unionville Branch and Thornhill Community Centre Branch be funded from capital project 20282, ITS – Library Bibliotheca (3M), GL account 049-6150-20282-005, with an available budget of $465,043.20; and,
  8. That the remaining budget in the amount of $156,619.19 ($465,043.20 - $308,424.01) remain in the project budget 20282, ITS – Bibliotheca (3M), to fund the media lab equipment at Thornhill Community Centre Branch; and,
  9. That the net operating impact for maintenance cost of $13,872.49 inclusive of HST be charged to the ITS Computer Hardware Acct #400-404-5460 following the expiry of the one year warranty period (mid 2023), which will be addressed during the 2023 operating budget process; and further,
  10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.9

133-T-21 MILLIKEN LOBBY ENHANCEMENT (7.9)

R. Hanna, ext. 3776 & D. Chung, ext. 2025

• 1. That the report entitled “Tender 133-T-21 Milliken Mills Lobby Enhancement” be received; and,
  2. That the contract for Tender 133-T-21 Milliken Mills Lobby Enhancement be awarded to the lowest priced bidder, Fina Construction Ltd. in the amount of $540,128.05 inclusive of HST; and,
  3. That a 8% contingency in the amount of $43,210.24 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That the capital cost of $583,338.29 ($540,128.05 + $43,210.24) be funded from capital project GL account 500-101-5399-20139 – Milliken Mills Lobby Enhancement, as summarized in the Financial Considerations section, with budget available of $306,940.00; and,
  5. That the budget shortfall in the amount of $276,398.29 ($583,338.29 - $306,940.00) be funded from the favourable budget available in the amount of $102,678.00 for the sorter component under the same project and the remaining shortfall in the amount of $173,720.29 from the Facility Ramp Up Reserve Contingency, with a current balance of $28,686,848; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

11.

MOTIONS

12.

NOTICES OF MOTION

13.

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".

14.

ANNOUNCEMENTS

15.

CONFIDENTIAL ITEMS

16.

ADJOURNMENT