The Markham Record

Council Meeting

May 26, 2021

Who was there

Present (10): Amanda Yeung Collucci, Alan Ho, Keith Irish, Jim Jones, Andrew Keyes, Isa Lee, Joe Li, Reid McAlpine, Karen Rea, Frank Scarpitti

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (35 motions)

34 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That the Minutes of the Council Meeting held on May 4, 2021, be adopted.
Moved by Councillor Khalid Usman, seconded by Councillor Karen Rea
Carried
That the Canadian Association of Municipal Administrators (CAMA) Award of Excellence and Leadership for the "Taking the Lead" - Markham Targets Single-Use Plastics Initiative, be received.
Moved by Regional Councillor Joe Li, seconded by Regional Councillor Jack Heath
Carried
That the International Association of Business Communicators Gold Quill Award for the 2018 Municipal Elections campaign; be received; and, That the International Association of Business Communicators Toronto Awards for the "COVID 19" and "Protect Your Pipes! F.O.G. Clogs" campaigns, be received.
Moved by Councillor Andrew Keyes, seconded by Councillor Keith Irish
Carried
That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
Moved by Councillor Reid McAlpine, seconded by Councillor Khalid Usman
Carried
That the memo dated May 26, 2021 from Kimberley Kitteringham, City Clerk and Martha Pettit, Deputy Clerk on "274-R-20 Integrity Commissioner Services for City Council"; be received. (See Item 8.1.1, Report No. 14 for Council's decision on this matter.)
Moved by Councillor Reid McAlpine, seconded by Councillor Khalid Usman
Carried
That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Indigenous Peoples History Month - June 2021 Indigenous People Day - June 21, 2021 National Injury Prevention Day - July 5, 2021 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: Menstrual Health Day - May 28, 2021
Moved by Regional Councillor Jim Jones, seconded by Councillor Isa Lee
Carried
That the report of the General Committee be received & adopted. (1 Item only):
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Carried
That the report entitled “Integrity Commissioner Services for City Council” be received; and, That staff provide a memorandum for the May 26, 2021 Council meeting on "274-R-20 Integrity Commissioner Services for City Council"; providing additional information regarding: The options available for the provision of Integrity Commissioner (IC) Services in Ontario; and, The expertise of ADR Chambers and the process they will undertake when reviewing complaints received regarding potential contraventions of Markham’s Code of Conduct; and, That the contract for 274-R-20 Integrity Commissioner Services for City Council be awarded to the highest ranked/lowest priced bidder, ADR Chambers Inc. for a term of five (5) years in an annual retainer amount of $17,299.20 inclusive of HST; and, July 2021-June 2022 - $17,299.20 July 2022-June 2023 - $17,299.20 July 2023-June 2024 - $17,299.20 July 2024-June 2025 - $17,299.20 July 2025-June 2026 - $17,299.20 Total $86,496.00 That staff be authorized to issue an additional purchase order to ADR Chambers Inc. in an annual amount of $6,023.80 to be utilized for investigations, additional meetings, workshops, and presentations on an as required basis; and, That the contract include an option for the City (in its sole discretion) to extend the contract for up to five (5) one (1) year terms, subject to a CPI increase (all-item Ontario) to a maximum of 2%; and, That the Commissioner, Corporate Services be authorized to exercise this option to extend the
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Carried
That the report of the General Committee be received & adopted. (Items 1 to 3):
Moved by Regional Councillor Jack Heath, seconded by Councillor Amanda Collucci
Carried
That the report dated May 10 th , 2021 entitled “2021 Tax Rates and Levy By-law” be received; and, That a by-law to provide for the levy and collection of property taxes totalling $765,868,900 required by the City of Markham, the Regional Municipality of York, Province of Ontario (Education) and Business Improvement Areas, in a form substantially similar to Appendix A (attached), satisfactory to the City Solicitor and provides for the mailing of notices and requesting payment of taxes for the year 2021, as set out as follows, be approved; and, TAX LEVYING BODY 2021 TAX LEVY AMOUNT City of Markham $164,739,938 Region of York $350,366,218 Province of Ontario (Education) $250,387,964 Markham Village BIA $160,559 Unionville BIA $214,221 Total $765,868,900 3. That staff be authorized to levy against Markham Stouffville Hospital and Seneca College the annual levy pursuant to Section 323 of the Municipal Act , 2001 , as outlined in Section 9 of the attached by-law once the required information is received from the Ministry of Training, Colleges and Universities; and, 4. That the attached by-law be passed to authorize the 2021 Tax Rates and Levy By-law; and further, 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-34)
Moved by Regional Councillor Jack Heath, seconded by Councillor Amanda Collucci
Carried
That the report entitled “The MECP – Markham Distribution System – Drinking Water Inspection Report, February 03, 2021” be received; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jack Heath, seconded by Councillor Amanda Collucci
Carried
That the report titled “Operations Winter Maintenance Updates” be received; and, That the existing practice for not clearing snow on non-asphalt pathways be continued; and, That the staff recommendations for the 2021 – 2022 winter season for park pathway clearing be adopted; and, That the estimated cost of $121,711.29 for clearing pathways City-wide be funded from the existing 2021-2022 winter maintenance operating budget; and, That the staff recommendations for the development of 3-4 potential key skating surfaces throughout the City at an estimated one-time cost of $27,624.00 to be funded from the existing 2021-2022 Parks Facility Maintenance operating budget be adopted; and, That staff review an increased level of service and costs for secondary roads and local roads, a reduction in the speed limit on these roads and an update on the sidewalk completion project; and, That staff prepare a memo that provides an outline of pathway maintenance similar to that of sidewalk maintenance, the maintenance of narrow sidewalks, a listing of all City pathways, and a review for an additional outdoor ice-skating surface at Aaniin Community Centre or Milliken Mills Community Centre; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jack Heath, seconded by Councillor Amanda Collucci
Carried
That the report of the Development Services Committee be received & adopted. (Items 1 and 2):
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report entitled “Recommendations Regarding
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Referred
That the report entitled “127-S-21 Victoria Square Boulevard Reconstruction Phase 1 (Utility Budget Request and Award)” be received; and, That staff be authorized to issue purchase orders to the various utility companies (Alectra, Rogers Cable Communications Inc., Bell Canada, and Enbridge Gas Distribution Inc.) as identified in the financial consideration section, for the relocation of their facilities in the amount of $717,281.71, inclusive of HST; and, That a 10% contingency in the amount of $71,728.17, inclusive of HST, be established to cover any additional costs to deliver the utility relocation work for Phase 1, 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 the tendering process for the relocation of existing utilities for Victoria Square Boulevard (Phase 1) project be waived, in accordance with Purchasing By-Law 2017-8, Part II, Section 11.2, Non-Competitive Procurement which states “Request for Tenders, Requests for Proposals and Requests for Quotations may not be required for goods and services to be provided by (a) Hydro Electric Corporations and (b) Utilities”; and, That the Engineering Department Capital Administration Fee in the amount of $89,327.69, inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and, That a new 2021 Engineering Capital Budget (Victoria Square Boulevard – Phase 1 Utility Relocation) be cre
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the notice of proposed sale for the City owned lands legally described as PT LT 2 PL 2196 Markham, designated as Parts 15 and 16, Plan 65R-31952; S/T Ease Over PTS 2 & 3 PL 65R27668, as in YR623430(Partially released BY YR1946337 & YR1962278), S/T Ease as in YR1657121.; City of Markham, be confirmed. (In-Camera Item No. 14.3.1, December 10, 2019 Council Meeting)
Moved by Deputy Mayor Don Hamilton, seconded by Councillor Alan Ho
Carried
That By-laws 2021-34 to 2021-35 be given three readings and enacted.
Moved by Councillor Karen Rea, seconded by Councillor Amanda Collucci
Carried
That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 2:19 PM: 14.1 COUNCIL 14.1.1 COUNCIL CONFIDENTIAL MINUTES - MAY 4, 2021 (16.0) [ Section 239 (2) (f)] 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES - APPOINTMENT OF MEMBER TO THE UNIONVILLE BUSINESS IMPROVEMENT AREA (UBIA) (16.24) [SECTION 239 (2)(b)] 14.1.3 ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; (10-20 FINCHAM AVENUE) (8.0) [Section 239 (2) (f)] 14.2 GENERAL COMMITTEE (MAY 10, 2021) 14.2.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD (WARD 7) (8.6) [Section 239 (2) (c)] 14.3 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD (8.6) [Section 239 (2) (c)]
Moved by Deputy Mayor Don Hamilton, seconded by Regional Councillor Jim Jones
Carried
That the confidential Council minutes dated May 4, 2021 be confirmed.
Moved by Councillor Amanda Collucci, seconded by Councillor Alan Ho
Carried
That the letter from the Main Street Unionville Business Improvement Area (UBIA) Board Executives dated February 22, 2021 be received; and, That the letter from Sylvia Morris dated February 22, 2021 be received; and further, That Council appoint Sylvia Morris as a Director of the Board of Management for the Main Street UBIA with a term expiry of November 14, 2022.
Moved by Councillor Reid McAlpine, seconded by Regional Councillor Jim Jones
Carried
That the confidential update regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (10-20 Fincham Avenue), be received.
Moved by Councillor Karen Rea, seconded by Regional Councillor Jack Heath
Carried
That the confidential report and the confidential update memo regarding a proposed or pending acquisition or disposition of land by the city or local board (Ward 7), be received; and, That Staff be authorized and directed to take the actions set out in this report.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the confidential memo dated May 26, 2021 on a proposed or pending acquisition or disposition of land by the city or local board, be received, and; That staff be authorized and directed to take the actions during the confidential session on this date.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That By-law 2021-36 be given three readings and enacted. Three Readings BY-LAW 2021-36 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 26, 2021.
Moved by Councillor Isa Lee, seconded by Councillor Alan Ho
Carried
1. That the Canadian Association of Municipal Administrators (CAMA) Award of Excellence and Leadership for the "Taking the Lead" - Markham Targets Single-Use Plastics Initiative, be received. 2.
Moved by Regional Councillor Joe Li, seconded by Regional Councillor Jack Heath
Carried
4 1. That the International Association of Business Communicators Gold Quill Award for the 2018 Municipal Elections campaign; be received; and, 2. That the International Association of Business Communicators Toronto Awards for the "COVID 19" and "Protect Your Pipes! F.O.G. Clogs" campaigns, be received.
Moved by Councillor Andrew Keyes, seconded by Councillor Keith Irish
Carried
1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. Indigenous Peoples History Month - June 2021 b. Indigenous People Day - June 21, 2021 c. National Injury Prevention Day - July 5, 2021 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. Menstrual Health Day - May 28, 2021
Moved by Regional Councillor Jim Jones, seconded by Councillor Isa Lee
Carried
1. That the report entitled “Integrity Commissioner Services for City Council” be received; and, 6 2. That staff provide a memorandum for the May 26, 2021 Council meeting on "274-R-20 Integrity Commissioner Services for City Council"; providing additional information regarding: a. The options available for the provision of Integrity Commissioner (IC) Services in Ontario; and, b. The expertise of ADR Chambers and the process they will undertake when reviewing complaints received regarding potential contraventions of Markham’s Code of Conduct; and, 3. That the contract for 274-R-20 Integrity Commissioner Services for City Council be awarded to the highest ranked/lowest priced bidder, ADR Chambers Inc. for a term of five (5) years in an annual retainer amount of $17,299.20 inclusive of HST; and, a. July 2021-June 2022 - $17,299.20 b. July 2022-June 2023 - $17,299.20 c. July 2023-June 2024 - $17,299.20 d. July 2024-June 2025 - $17,299.20 e. July 2025-June 2026 - $17,299.20 Total $86,496.00 4. That staff be authorized to issue an additional purchase order to ADR Chambers Inc. in an annual amount of $6,023.80 to be utilized for investigations, additional meetings, workshops, and presentations on an as required basis; and, 5. That the contract include an option for the City (in its sole discretion) to extend the contract for up to five (5) one (1) year terms, subject to a CPI increase (all-item Ontario) to a maximum of 2%; and, 6. That the Commissioner, Corporate Services be authori
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Carried
1. That the report dated May 10th, 2021 entitled “2021 Tax Rates and Levy By-law” be received; and, 2. That a by-law to provide for the levy and collection of property taxes totalling $765,868,900 required by the City of Markham, the Regional Municipality of York, Province of Ontario (Education) and Business Improvement Areas, in a form substantially similar to Appendix A (attached), satisfactory to the City Solicitor and provides for the mailing of notices and requesting payment of taxes for the year 2021, as set out as follows, be approved; and, TAX LEVYING BODY 2021 TAX LEVY AMOUNT City of Markham $164,739,938 8 Region of York $350,366,218 Province of Ontario (Education) $250,387,964 Markham Village BIA $160,559 Unionville BIA $214,221 Total $765,868,900 3. That staff be authorized to levy against Markham Stouffville Hospital and Seneca College the annual levy pursuant to Section 323 of the Municipal Act, 2001, as outlined in Section 9 of the attached by-law once the required information is received from the Ministry of Training, Colleges and Universities; and, 4. That the attached by-law be passed to authorize the 2021 Tax Rates and Levy By-law; and further, 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-34)
Moved by Regional Councillor Jack Heath, seconded by Councillor Amanda Collucci
Carried
1. That the report entitled “The MECP – Markham Distribution System – Drinking Water Inspection Report, February 03, 2021” be received; and further, 2. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 9
Moved by Regional Councillor Jack Heath, seconded by Councillor Amanda Collucci
Carried
1. That the report entitled “127-S-21 Victoria Square Boulevard Reconstruction Phase 1 (Utility Budget Request and Award)” be received; and, 2. That staff be authorized to issue purchase orders to the various utility companies (Alectra, Rogers Cable Communications Inc., Bell Canada, and Enbridge Gas Distribution Inc.) as identified in the financial consideration section, for the relocation of their facilities in the amount of $717,281.71, inclusive of HST; and, 3. That a 10% contingency in the amount of $71,728.17, inclusive of HST, be established to cover any additional costs to deliver the utility relocation work for Phase 1, and that authorization to approve expenditures of this contingency amount up to the specified limit, be in accordance with the Expenditure Control Policy; and, 12 4. That the tendering process for the relocation of existing utilities for Victoria Square Boulevard (Phase 1) project be waived, in accordance with Purchasing By-Law 2017-8, Part II, Section 11.2, Non- Competitive Procurement which states “Request for Tenders, Requests for Proposals and Requests for Quotations may not be required for goods and services to be provided by (a) Hydro Electric Corporations and (b) Utilities”; and, 5. That the Engineering Department Capital Administration Fee in the amount of $89,327.69, inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and, 6. That a new 2021 Engineering Capital Budget (Victoria Square Boulevard – Phase 1 Util
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
1. That the notice of proposed sale for the City owned lands legally described as PT LT 2 PL 2196 Markham, designated as Parts 15 and 16, Plan 65R-31952; S/T Ease Over PTS 2 & 3 PL 65R27668, as in YR623430(Partially released 13 BY YR1946337 & YR1962278), S/T Ease as in YR1657121.; City of Markham, be confirmed. (In-Camera Item No. 14.3.1, December 10, 2019 Council Meeting)
Moved by Deputy Mayor Don Hamilton, seconded by Councillor Alan Ho
Carried
That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 2:19 PM: 14.1 COUNCIL 14.1.1 COUNCIL CONFIDENTIAL MINUTES - MAY 4, 2021 (16.0) [ Section 239 (2) (f)] 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES - APPOINTMENT OF MEMBER TO THE UNIONVILLE BUSINESS IMPROVEMENT AREA (UBIA) (16.24) [SECTION 239 (2)(b)] 14.1.3 ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; (10-20 FINCHAM AVENUE) (8.0) [Section 239 (2) (f)] 14.2 GENERAL COMMITTEE (MAY 10, 2021) 14.2.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD (WARD 7) (8.6) [Section 239 (2) (c)] 14.3 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD (8.6) [Section 239 (2) (c)] 15
Moved by Deputy Mayor Don Hamilton, seconded by Regional Councillor Jim Jones
Carried
1. That the confidential memo dated May 26, 2021 on a proposed or pending acquisition or disposition of land by the city or local board, be received, and; 2. That staff be authorized and directed to take the actions during the confidential session on this date. 17
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the Council meeting be adjourned at 3:39 p.m.
Moved by All Members of Council, seconded by All Members of Council
Carried

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