Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 18

Tuesday, November 23, 2021 at 1:00 P.m. - 4:30 P.m.

Live streamed

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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

COUNCIL MINUTES - NOVEMBER 9, 2021

• 1. That the Minutes of the Council Meeting held on November 9, 2021, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

19-2021 - COMMUNICATION -SUPPLEMENTARY MEMO – FOLLOW-UP TO THE MARCH 2, 2020 GENERAL COMMITTEE REGARDING THE LICENSING OF PRIVATE TRANSPORTATION COMPANIES (PTC’S) (2.0)

• 1. That the memorandum entitled “Supplementary Memo – Follow-Up to the March 2, 2020 General Committee Regarding the Licensing of Private Transportation Companies (PTC’s)” be received; and;
  2. That the proposed amendments adopted by General Committee and adopted by Council on November 23, 2021 take effect on April 1^st, 2022; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

  (Item 8.1.1, Report 38)

6.2

20-2021 COMMUNICATIONS - LICENSING OF PRIVATE TRANSPORTATION COMPANIES (PTCs) AND ASSOCIATED AMENDMENTS TO THE MOBILE LICENSING BY-LAW (2.0)

That the email dated November 22, 2021 from Jake Brockman, on behalf of Uber Canada, providing comments regarding the Licensing of Private Transportation Companies be received for information purposes.

(Item 8.1.1, Report 38)

7.

PROCLAMATIONS

7.1

PROCLAMATIONS (3.4)

No Attachment

• 1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. International Day of Persons with Disabilities - December 3, 2021
        
        

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 38 - GENERAL COMMITTEE (MARCH 2, 2020)      

Mayor and Members of Council:

• That the report of the General Committee Meeting be received & adopted. (1 Item):

8.1.1

LICENSING OF PRIVATE TRANSPORTATION COMPANIES (PTCs) AND ASSOCIATED AMENDMENTS TO THE MOBILE LICENSING BY-LAW (2.0)

Note: At the March 2, 2020 General Committee meeting, Committee requested staff to provide a supplementary memo.  As a result of the COVID19 Pandemic, this matter was held in abeyance.

• 1. That the report entitled “Licensing of Private Transportation Companies (PTCs) and Associated Amendments to the Mobile Licensing By-law” be received; and,
  2. That the proposed amendments to the Mobile Licensing By-law 2012-92 to add a Schedule 8 (relating to the regulation of Private Transportation Companies (PTCs)) attached as Appendix “F” be adopted; and,
  3. That the proposed amendments to Schedule 6 of the Mobile Licensing By-law 2012-92 (relating to the Licensing, Regulation and Governing of Taxicab Brokers, Owners and Drivers) attached as Appendix “G” be adopted; and,
  4. That the proposed amendments to Schedule 4 of the Mobile Licensing By-law 2012-92 (relating to the Licensing and Regulation of Owners and Drivers of Limousines) attached as Appendix “H” be adopted; and,
  5. That staff provide a memo to Members of Council at the Council meeting with additional information on the City of Toronto ride levy for an accessibility fund, accessibility licensing requirements, licensing fees, ride rates, and potential revenue, and further;
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 38 - DEVELOPMENT SERVICES COMMITTEE (NOVEMBER 8, 2021)

Mayor and Members of Council:

• That the report of the Development Services Committee be received & adopted. (1 Item):

8.2.1

ACTIVE TRANSPORTATION MASTER PLAN (CITY-WIDE) (5.10)

• 1. That the staff report titled “Active Transportation Master Plan (City-wide)”, and the staff presentation be received; and,
  2. That the Active Transportation Master Plan be endorsed, in principle; and
  3. That staff report back to the Development Services Committee in 2022 on the implementation and prioritization process for the 10-year plan addressing the following issues:
     • Define project prioritization process
     • Identify the draft short term projects with 10-year plan
     • Identify first (5 years) project priorities
     • Identify the capital and operating costs
     • Identify funding sources for first 5-year projects
     • Identify options to address any funding shortfall
     • Identify resources required for implementation
     • Identify ways to  minimize the impact to vehicular traffic
  4. That implementation funding of the Active Transportation Master Plan be assessed and included as part of the current Development Charges Bylaw update as appropriate; and
  5. That the City Clerk send a copy of this report and Council resolution to York Region, City of Richmond Hill and the City of Vaughan for information; and further,
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

   

   

   

8.3

REPORT NO. 39 - GENERAL COMMITTEE (NOVEMBER 15, 2021)

Mayor and Members of Council:

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

8.3.1

2022 MEETING CALENDAR (9.0)

Note:  As requested at the November 15, 2021 General Committee meeting, revisions to the 2022 Standing Committee & Council Meeting Calendar are attached.

• 1. That the proposed 2022 Standing Committee & Council Meeting Calendar be adopted.

8.3.2

182-S-21 SERVICING OF ARENA REFRIGERATION (7.9)

• 1. That the report entitled “182-S-21 Preventive Maintenance and Servicing of Arena Refrigeration Equipment” be received; and,

      

  2. That the contract for preventive maintenance and servicing of arena refrigeration equipment be extended to CIMCO Refrigeration for a five year term (October 1, 2021 – September 30, 2026 ) in the total amount of $695,112.79; and,
     • 2021: $34,756.14 (October 1 – December 31)
     • 2022: $139,024.56
     • 2023: $139,024.56
     • 2024: $139,024.56
     • 2025: $139,024.56
     • 2026: $104,268.42 (January 1 - September 30)

       Total Term: $695,112.79 (Pricing fixed for 5 years)

        

  3. That the 2021 award be funded from the various operating budgets from each respective location as identified under financial considerations; and,

      

  4. That the shortfall of $13,359.90 be adjusted as part of the 2022 Operating Budget subject to Council approval; and,

      

  5. That the tender process be waived in accordance with Procurement By-Law 2017-8, Part II, Section 11, Non-Competitive Procurement, item 11.1 (c) which states “when the extension of an existing contract would prove more cost-effective or beneficial; and,

      

  6. That the CAO be authorized to extend the contract for an additional five (5) years (2026 (October 1) – (September 30) 2031) subject to Council’s approval of the annual operating budget, vendor performance, and an increase based on the Consumer Price Index (CPI) Ontario All-Items to a maximum of 2%; and further,

      

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

      

8.3.3

256-T-17 ROUTINE & EMERGENCY SEWER AND WATERMAIN INFRASTRUCTURE REPAIRS CONTRACT EXTENSION (7.0)

• 1. That the report entitled “ 256-T-17 Routine & Emergency Sewer and Watermain Infrastructure Repairs Contract Extension” 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 routine & emergency watermain, sewer and stormwater system infrastructure repairs be extended with FDM Contracting Co. Ltd. for two (2) years from April 1, 2022 to March 31, 2024 in the estimated annual amount of $887,355.00 (inclusive of HST); and,
  4. That the award be funded from the Waterworks Operating and Operations accounts outlined in the Financial Considerations; and,
  5. That staff be authorized to amend the award amount to reflect changes to the operating budget accounts as approved by Council during the annual budgeting process; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4

REPORT NO. 40 - DEVELOPMENT SERVICES COMMITTEE (NOVEMBER 22, 2021)

Mayor and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1 to 4):

8.4.1

RECOMMENDATION REPORT INTENTION TO DESIGNATE A PROPERTY UNDER PART IV SECTION 29 OF THE ONTARIO HERITAGE ACT BEWELL BUNGALOW - 4592 HIGHWAY 7 EAST (WARD 3) (10.0)

• 1. That the report dated November 22, 2021, titled “Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act, Bewell Bungalow, 4592 Highway 7 East, Ward 3”, be received; and,
  2. That as recommended by the Heritage Markham Committee, and required as a condition of development approval, the Bewell Bungalow be approved for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest; and,
  3. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
  4. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and,
  5. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the matter return to Council for further consideration; and,
  6. That if the intention to designate proceeds and there are any appeals of the designation by-law, the Clerk be directed to refer the proposed designation to the Ontario Land Tribunal (OLT); and,
  7. That if the designation is referred to the OLT, Council authorize the City Solicitor and appropriate staff to attend any hearing held by the OLT in support of Council’s decision to designate the property; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4.2

AUTOMATED VACUUM COLLECTION (AVAC) SYSTEM AT LANGSTAFF DEVELOPMENT AREA (10.0)

• 1. That the report titled Automated Vacuum Collection (AVAC) System be received; and,
  2. That the financial feasibility report titled “Langstaff Secondary Plan Area – Vacuum Waste Collection Financial Feasibility Report” prepared by The Municipal Infrastructure Group (TMIG) attached as Appendix A be received; and,
  3. That staff consult with the developers in Langstaff Gateway Area and Markham Centre Area, and other relevant development areas in Markham, regarding the results of the feasibility report, the application of AVAC in these development areas and explore potential financial contribution as outlined in the financial section of this report for implementation of the AVAC system; and,
  4. That staff report back on the implementation strategy for the AVAC system including financial, governance, legal, technical and operational matters; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4.3

COMMITTEE OF ADJUSTMENT MEMBER AND CHAIR REMUNERATION REVIEW FILE NO. PR 19 126301 (ALL WARDS) (10.0)

• 1. That the report titled “Committee of Adjustment Member and Chair Remuneration Review, File # PR 19 126301”, be received; and,
  2. That in addition to the current pay structure of $2,500 for a Committee of Adjustment Member, and $3,000 for the Committee of Adjustment Chair per annum, the Development Services Committee authorize an additional remuneration of $100.00 to each Committee of Adjustment member and the Chair, for every Committee of Adjustment meeting attended, commencing January 1, 2022; and,
  3. That the Planning Department 2022 Operating Budget be increased by $15,920.00, as part of the 2022 budget process; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4.4

RECOMMENDATION REPORT FLATO DEVELOPMENTS INC., APPLICATION FOR DRAFT PLAN OF SUBDIVISION FOR LANDS LOCATED AT THE SOUTH-WEST CORNER OF HIGHWAY 48 AND THE CITY OF MARKHAM / TOWN OF WHITCHURCH-STOUFFVILLE MUNICIPAL BOUNDARY (PART OF LOT 31, CONCESSION 7)

FILE NO.: PLAN 20 134853 (WARD 6)(10.7)

• 1. That the staff report dated November 22^nd, titled “RECOMMENDATION REPORT, Flato Developments Inc., Application for Draft Plan of Subdivision to allow residential development at the south-west corner of Highway 48 and the City of Markham/ Town of Whitchurch-Stouffville municipal boundary (Part of Lot 31, Concession 7) (File No. PLN 20 134853), Ward 6”, be received; and,
  2. That the record of the Public meeting held on June 1^st, 2021 regarding the application for Draft Plan of Subdivision (19TM-200011) submitted by Flato Developments Inc., be received; and,
  3. That Council approve the Draft Plan of Subdivision 19TM-200011) submitted by Flato Developments Inc, subject to the conditions attached as Appendix ‘A’; and,
  4. That Council assign servicing allocation for a maximum of 26 townhouses and 249 apartment units; and,
  5. That the Mayor and Clerk be authorized to execute agreements with the Town of Whitchurch-Stouffville, The Regional Municipality of York , the applicant and/or future Condominium Corporation as needed, relating to shared sanitary, storm and water servicing for the proposed subdivision, the East-West road along the north end of the subdivision, and any other shared municipal services as needed, provided that such agreements are satisfactory to the Commissioner of Development Services, the Commissioner of Community Services and the City Solicitor; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

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".

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

14.

CONFIDENTIAL ITEMS

• That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at:

14.1

COUNCIL

14.1.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS/ RESIGNATIONS) (16.24) [Section 239 (2) (b)]

14.1.2

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; (8.7) (WARD 5) [Section 239 (2)(c)]

14.1.3

A SECURITY OF THE PROPERTY OF THE CITY OR LOCAL BOARD (WARD 8) (8.2) [Section 239 (2)(a)]

14.1.4

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD  (WARD 7) (8.7) [Section 239 (2) (c)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2021-110- be given three readings and enacted.

  Three Readings

  BY-LAW 2021-110- A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 23, 2021.
  No attachment

16.

ADJOURNMENT