Council Meeting

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

That the presentation of Chief Jim MacSween, York Regional Police and Superintendent Chris Bullen, District 5, be received.

That the update on the Anti-Black Racism Strategy and the launch of the City of Markham's mandatory eLearning module on Anti-Black Racism, be received.

That the memorandum titled “Deeming By-Law, Patrick O’Hanlon & David Hicks, 37 & 41 Elm Street, File No: 2020 107378 DEEM”, be received;and, That the Deeming By-Law attached as Appendix A to this memorandum be approved and enacted without further notice; and, That Staff be authorized to do all things necessary to give effect to the resolution. (By-law 2020-134)

That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: National Day of Remembrance and Action On Violence Against Women – December 6, 2020 Human Rights Day – December 10, 2020 Nanjing Massacre Day – December 13, 2020 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: International Day of Persons with Disabilities – December 3, 2020

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

That the memorandum entitled, “Traffic Operations Projects Update” be received; and, 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, 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, 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, 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, That the posted speed limit on Markham Main Street North between 16th Avenue and Bullock Drive be

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 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 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 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 That the remaining funds of $48,267.70 be kept in the account to cover any additional cost for the project; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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, 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, 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, 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, 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, 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, That the remaining budget in the amount of $34.64 be returned to the original funding source; That Staff be dir

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

That the report “2021 Interim Tax Levy By-law” be received; and, That Council authorize an interim tax levy for 2021; and, That the attached by-law be passed to authorize the 2021 interim tax levy; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2020-133)

That the report entitled Property Tax Payment Deferral Program be received; and, That Council authorize a Property Tax Payment Deferral Program for the 2021 taxation year for eligible taxpayers; and, 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, 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, That staff provide an update report on the financial impact to the City resulting from the Property Tax Payment Deferral Program to General Committee in June 2021 and further; That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report dated November 16, 2020 titled “Status of Capital Projects as of September 30, 2020” be received; and, 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 That the Projects Closed and

That the report entitled “Award of Tender 065-T-20 Supply and Delivery of Waterworks and Sanitary Sewer Materials” be received; and, 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 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 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, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “Quality Management System Management Review” be received; and 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, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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

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, 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, 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 Minister of the Environment, Conservation, and Parks; the Minister of Municipal Affairs and Housing; the Minister of Natural Resources and Forestry; and all Members of Provincial Parliament for York Region ; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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, 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, 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, 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, That all of the above credits or reimbursements shall be the absolute value of the credits and reimbursements, and that HST, i

That the presentation entitled “John Street Watermain Emergency Repair Options “ be received; and, That the contract for John Street Watermain Emergency Break Repair using CIPP lining be awarded to Fer-Pal Construction Ltd. in the amount of $2,208,192 inclusive of HST; and, That the contract for John Street Watermain Emergency excavation of the watermain break location for repair, restore the site to original condition upon completion of repair be awarded to FDM Contracting Ltd. in the amount of $101,760.00 inclusive of HST; and, That the contract for John Street WatermainEmergency Break Repair for dewatering services be awarded to Atlas Dewatering in the amount of $4,884.48 inclusive of HST; and, That a 10% contingency in the amount of $231,483.65 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, That the tender process be waived in accordance with Purchasing By-Law 2017-8 Part II, Section 11.1 (h) which states “where it is necessary or in the best interests of the City to acquire non-standard items from a preferred supplier(s) or from a supplier who has a proven track record with the City in terms of pricing, quality and service.”; and, That the total construction cost in the amount of $2,546,320.13 (inclusive of HST and 10% Contingency) be funded from a new capital project in the amount of $2,4

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

That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 3:37 pm: 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)] 14.3.2 LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS (11.0) [Section 239 (2) (d)]

That Council rise from Confidential session at 5:17 pm.

That the confidential Council minutes of November 10, 2020 be adopted.

That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, be received; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential memo on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, be received.

That the confidential presentation regarding labour relations or employee negotiations, be received; and, That Council ratify the tentative agreement with the MPFFA negotiated on November 12, 2020; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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.

That the Council meeting be adjourned at 5:24 pm.

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, 4 3. That Staff be authorized to do all things necessary to give effect to the resolution. (By-law 2020-134)

1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. National Day of Remembrance and Action On Violence Against Women – December 6, 2020 b. Human Rights Day – December 10, 2020 c. 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: a. International Day of Persons with Disabilities – December 3, 2020

That the report of the Development Services Committee be received & adopted. (Items 1 to 3): 5

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, 7 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 s

That the report of the General Committee be received & adopted. (Items 1 to 5): 8

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; o Year 1 (2021) $191,171.43 o Year 2 (2022) $191,171.43 o 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.

12 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.

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, 15 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 reimbursement

1. That the presentation entitled “John Street Watermain Emergency Repair Options “ be received; and, 2. That the contract for John Street Watermain Emergency Break Repair using CIPP lining be awarded to Fer-Pal Construction Ltd. in the amount of $2,208,192 inclusive of HST; and, 3. That the contract for John Street Watermain Emergency excavation of the watermain break location for repair, restore the site to original condition upon completion of repair be awarded to FDM Contracting Ltd. in the amount of $101,760.00 inclusive of HST; and, 4. That the contract for John Street WatermainEmergency Break Repair for dewatering services be awarded to Atlas Dewatering in the amount of $4,884.48 inclusive of HST; and, 5. That a 10% contingency in the amount of $231,483.65 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, 6. That the tender process be waived in accordance with Purchasing By-Law 2017-8 Part II, Section 11.1 (h) which states “where it is necessary or in the best interests of the City to acquire non-standard items from a preferred supplier(s) or from a supplier who has a proven track record with the City in terms of pricing, quality and service.”; and, 7. That the total construction cost in the amount of $2,546,320.13 (inclusive of HST and 10% Contingency) be funded from a new capital project

1. That the confidential memo on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, be received. 20

That the Council meeting be adjourned at 5:24 pm. 21