Council Meeting Minutes

Meeting Number: 18
-
Live streamed
Roll Call
  • Mayor Frank Scarpitti
  • Deputy Mayor Michael Chan
  • Regional Councillor Jim Jones
  • Regional Councillor Joe Li
  • Regional Councillor Alan Ho
  • Councillor Keith Irish
  • Councillor Ritch Lau
  • Councillor Reid McAlpine
  • Councillor Karen Rea
  • Councillor Andrew Keyes
  • Councillor Amanda Collucci
  • Councillor Juanita Nathan
  • Councillor Isa Lee
Staff
  • Andy Taylor, Chief Administrative Officer
  • Trinela Cane, Commissioner, Corporate Services
  • Arvin Prasad, Commissioner, Development Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Adam Grant, Fire Chief
  • Bryan Frois, Manager, Executive Operations & Strategic Initiatives
  • Kimberley Kitteringham, City Clerk
  • Frank Clarizio, Director, Engineering
  • Giulio Cescato, Director of Panning & Urban Design
  • Mark Visser, Acting Treasurer
  • Alida Tari, Manager, Access & Privacy
  • John Wong, Technology Support Specialist II
  • Sumon Acharjee, Chief Information Officer
  • Shane Manson, Senior Manager, Revenue & Property Taxation
  • Erica Alligood, Council/Committee Coordinator
  • Stephanie DiPerna, Director, Building Standards
  • Morgan Jones, Commissioner, Community Services
  • Rob Muir, Manager, Stormwater, Environmental Services
  • Jay Pak, Senior Manager, Financial Planning & Reporting
  • Vincent Feng,Supervisor, Continuous Improvement, Environmental Services
  • Zahra Parhizgari, Engineer, Environmental Services

Alternate formats for this document are available upon request


The meeting of Council convened at 1:18 PM on June 14, 2023. Mayor Frank Scarpitti presided.

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 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.

Mayor Frank Scarpitti, Council Members, and Staff observed a moment of silence in acknowledgement of the passing of two Markham residents – Karen Gerrard, who was long-time board member of Toronto Regional Real Estate Board., and Elizabeth Plashkes, who was the Co-Chair of Pan Am/Parapan Am Games Celebration Committee.

There were no disclosure of pecuniary interests.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish
    1. That the Minutes of the Council Meeting held on May 31, 2023, be adopted.
    Carried

There were no presentations.

  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Amanda Collucci

    That the deputations from Mark Silver and Madeleine Nevins be received.

    Carried

There were deputations in relation to item 8.1.4.  Please refer to the item for details.

See Council's decision on this matter under Report No. 23, Item 8.1.4.

  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Amanda Collucci
    1. That the deputation of Martin Silver be received.
    Carried
  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Amanda Collucci
    1. That the deputation of Madeleine Nevins be received.

     

    Carried
  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Juanita Nathan
    1. That the request for the City of Markham for a Special Occasion Permit be received; and, further
    2. That the City of Markham recognize the Markham Fair as an event of "Municipal Significance".
    Carried
  • Moved byCouncillor Reid McAlpine
    Seconded byRegional Councillor Jim Jones
    1. That the Ontario Land Tribunal (OLT) decision for Scardred 7 Company Limited, 4038 And 4052 Highway 7 East (Ward 3) be received.
    Carried

Requesting an approval from the City of Markham to designate the Markham Fair being held on September 28 - October 1, 2023 at 10801 McCowan Road as an event of Municipal Significance. The City's designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO) to support the Markham and East York Agricultural Society's application of a Special Occasion Liquor Permit to be utilized in conjunction with the Fair.

  • Moved byCouncillor Ritch Lau
    Seconded byRegional Councillor Joe Li
    1. That the request for the City of Markham for a Special Occasion Permit be received, and further;
    2. That the City of Markham recognize the Markham Fair as an event of "Municipal Significance".
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Reid McAlpine
    1. The communication on the Proposed Update to the Unionville Special Policy Area – Council Endorsed Official Plan Amendment and Zoning By-law Amendment from the Ministry of Municipal Affairs and Housing be received.
    Carried
  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Amanda Collucci
    1. That the written submission by Fred Peters be received for information purposes.[See Item 8.1.4, Report NO. 23 for General Committee (June 6, 2023) (16.0)]
    Carried

There were no proclamations.

  • Moved byCouncillor Keith Irish
    Seconded byDeputy Mayor Michael Chan

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

    Carried
  • Moved byCouncillor Keith Irish
    Seconded byDeputy Mayor Michael Chan
    1. That the report dated June 6, 2023 titled “Status of Capital Projects as of March 31, 2023 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 $3,986,605 be transferred to the original sources of funding as identified on Exhibit B; and,
    3. That the Projects Closed, and Not/Partially Initiated, as identified on Exhibit C, be approved for closure and funds in the amount of $128,329 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 $758,809 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 $156,827 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 $47,912 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 $148,680 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 $99,208 be received; and,
    9. That the funding source for $55,000 in Project 23155 - Low-Carbon Vehicle Policy Study and Strategy, originally to be funded by Federation of Canadian Municipalities (FCM) grant, be changed from FCM grant to Markham Energy Conversation Office (MECO) fund; and,
    10. That the following new capital projects, initiated subsequent to the approval of the 2023 capital budget, be received:
      • Project 22354 – Emergency Repairs – Cornell Pool – Budget of $50,000 to be funded from the Non-DC Capital Contingency; and, 
      • Project 23300 – Development Fee and Building Bylaw Review – Budget of $121,105 to be funded by Development Fees; and further, 
    11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byDeputy Mayor Michael Chan
    1. That the report entitled “Thornlea Pool - Tank Repair, Water Proofing and Tile Replacement Update” be received; and,
    2. That the contract for the Thornlea Tank Repair and Tile Replacement be awarded to Canada Construction Limited in the amount of $832,905.60 inclusive of HST; and,
    3. That a contingency in the amount of $83,290.56 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 a budget in the amount of $79,372.80 inclusive of HST, be allocated for the purchase of tile for this project; and, 
    5. That the cost of $995,568.96 ($832,905.60 + $83,290.56 + $79,372.80) be funded from Thornlea Pool Restoration Capital project 21208, which has an available budget of $703,396.00; and,
    6. That the budget shortfall in the amount of $292,172.96 ($995,568.96 - $703,396.00) be funded from Lifecycle Replacement Reserve; and,
    7. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (c) which states “when the extension of an existing Contract would prove more cost-effective or beneficial” and (g) where it is in the City’s best interest not to solicit a competitive Bid; and further,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byDeputy Mayor Michael Chan
    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.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byDeputy Mayor Michael Chan

    That the General Committee consider the following motion passed at the May 11, 2023, Markham Sub-Committee meeting:

    1. That the report entitled “Swan Lake- 2022 Water Quality Status and Updates” be received; and,
    2. That Staff continue to implement the Long-term Management Plan for Swan Lake approved by Council in December 2021, including advancement of submerged aquatic vegetation, research into chloride treatment, and flow diversion evaluation (previously in Phases 2 and 3 of the Plan); and,
    3. That Staff report back annually on water quality results and evaluation of adapted Core and Complementary measures for consideration in Phase 2 of the Plan through the Markham Sub-Committee with the participation of the Friends of Swan Lake Park; and,
    4. That the next review of the Plan will be in 2026 (after completion of Phase 1 and other measures as listed under item 2) and that a workshop of independent industry experts be considered after completion of Phase 1, and;
    5. That the deputation from Fred Peters be received, and further;
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li

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

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That the Staff report, dated June 13, 2023, titled "RECOMMENDATION REPORT – Designation of Priority Heritage Properties – Phase I”, be received; and,
    2. That the written submission from George LeDonne, owner of 10737 Victoria Square Blvd be received; and,
    3. That the May 10, 2023, recommendation from the Heritage Markham Committee, in support of the designation of 5474 19th Avenue (Ward 6), 7822 Highway 7 East (Ward 5), 53 Dickson Hill Road (Ward 5), 14 Heritage Corners Lane (formerly 10062 Highway 48) (Ward 4), 10729 Victoria Square Blvd (Ward 2) and 10737 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information; and,
    4. That Council state its intention to designate 5474 19th Avenue (Ward 6), 7822 Highway 7 East (Ward 5), and 53 Dickson Hill Road (Ward 5), 14 Heritage Corners Lane (formerly 10062 Highway 48) (Ward 4), 10729 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of their cultural heritage significance; and,
    5. 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,
    6. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
    7. 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,
    8. That if the intention to designate proceeds and there are any appeals of the designation by-law, the Clerk’s Department be directed to refer the proposed designation to the Ontario Land Tribunal (“OLT”); and further,
    9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That the report entitled “Victoria Square Boulevard – Sanitary Sewer and Watermain Improvements” be received; and,
    2. That Engineering Capital account 23113, approved by Council for road construction in the amount of $20M, be increased by the amount of $627,300.00 for the Victoria Square Boulevard local sanitary sewers and service connections to the sanitary and watermain; and,
    3. That the amount of $627,300.00 referenced in recommendation #2 be up-fronted from the Life Cycle Replacement Fund and be recovered from the seventeen (17) benefitting property owners with appropriate interest, if applicable; and,
    4. That staff proceed with including the scope of work for the sanitary sewer and lateral service connections for the 17 properties in the overall project construction tender for the Victoria Square Boulevard Reconstruction work as a provisional item; and,
    5. That if as a result of the tender process, the final project cost from the bid price is greater than the estimated cost ($627,300.00) by 10% ($690,030.00) or more, the City will seek further commitment for the increased costs from the benefitting owners, with minimum support required from 12 of the 17 (70%) owners, in order to proceed to construction; and,
    6. That the benefiting property owners be allowed to have the option of paying the full amount of their allocated construction project costs at the time of the completion of work or in installments on their tax bill with interest; and,
    7. That the necessary By-law to levy the associated cost against each benefitting property be prepared in accordance with the requirements of Section 391 of the Municipal Act and be forwarded to Council for adoption when the final construction cost of the project has been determined; and,
    8. That the total project costs, including actual construction costs, all the engineering and related administrative costs by the City for detailed design and construction, be recovered in accordance with the requirements of Section 391 of the Municipal Act 2001 and the by-law approved by Council; and,
    9. That the Mayor and Clerk be authorized to execute an agreement with the owner of 3009 Elgin Mills Rd. to pay the City an amount of $77,000.00 for the City to construct additional sanitary, storm and water services for the future re-development on this property; and further,
    10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That Council applauds the Provincial government for the Community Infrastructure tool as a way to advance residential and economic development opportunities; and
    2. That the Planning Act be amended to give municipalities the sole discretion to provide Council autonomy to use the tool at this tool be at the discretion of the municipality for the aforementioned purposes; and, further,
    3. That the report, dated June 13, 2023, titled "INFORMATION REPORT, Overview of Community Infrastructure and Housing Accelerator Tool”, be received.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That the report entitled Main Street Unionville Public Art Program be received; and,
    2. That the Main Street Unionville Public Art Program be approved; and,
    3. That the budget of $562,650 for the Main Street Unionville Public Art Program be released from the Public Art Reserve Fund; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li

    Whereas Council has been an annual supporter of Thursday Nights at the Bandstand; and,

    Whereas Unionville BIA has agreed to support and co-organize the continuation of Thursday Nights at the Bandstand 2023; and,

    Whereas the Unionville BIA supports a road closure if necessary to facilitate Thursday Nights at the Bandstand; and, 

    Whereas the City has worked with York Region Police to reduce the cost of road closures for Thursday Nights at the Bandstand.

    Therefore, be it resolved:

    1. That the report titled, “Celebrate Markham – Thursday Nights at the Bandstand 2023” be received; and,
    2. That Council approve $20,000 in funding for the Unionville Business Improvement Area to deliver Thursday Nights at the Bandstand in 2023; and,
    3. That future funding be consistent with the criteria and the amount of dollars given to similar events, and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

There were no motions.

There were no notices of motion to reconsider.

There was no new/other business.

There were no announcements.

  • Moved byCouncillor Karen Rea
    Seconded byRegional Councillor Alan Ho
    1. That By-laws 2023-92, 2023-93, 2023-95, 2023-97 and 2023-98 be given three readings and enacted.

A By-law to amend By-law 2021-120, being a By-law to appoint Chief Building Official, Deputy Chief Building Officials and Building Inspectors.

  • Carried

A By-law to amend By-law 118-79, as amended (to delete lands from the designated areas of By-laws 118-79) and to amend By-law 177-96, as amended (to incorporate lands into the designated area of By-law 177-96)

By-law 2023-94 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.2).

  • Carried

Official Plan Amendment to amend the Official Plan (“OPA”) at 4038 & 4052 Highway 7 East, located on the north side of Highway 7 East, east of Village Parkway (the “Subject Lands”).  Scardred 7 Company Limited, 4038 and 4052 Highway 7 East. Being a by-law to adopt Amendment No. 40 to the City of Markham Official Plan 2014, as amended.

By-law 2023-96 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.2)

  • Carried

A By-law to amend the Markham Centre Zoning By-law 2004-196, as amended by By-law 2014-9 and to amend By-law 304-87, as amended.

  • Carried

Being a by-law to adopt Amendment No. 41 to the City of Markham Official Plan 2014, as amended.
(Item 6.4)

  • Carried
  • Moved byCouncillor Juanita Nathan
    Seconded byCouncillor Isa Lee

    That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 2:01 PM:

    Carried

14.1.1
CONFIDENTIAL COUNCIL MINUTES - MAY 31, 2023

 
  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Karen Rea
    1. That the confidential Council minutes of the Council Meeting held on May 31, 2023, be adopted.
    Carried

14.1.2
APPOINTMENTS TO BOARDS/ COMMITTEES (16.24) [MUNICIPAL ACT, 2001, Section 239 (2) (b)]

 
  • Moved byDeputy Mayor Michael Chan
    Seconded byCouncillor Ritch Lau

    Markham Public Library Board 

    That the following individuals be appointed to the Markham Public Library Board with a term ending November 14, 2026.

    Winnie Phung
    Jenny Tung
    Steve Hsu
    Harout Manougian
    Kenneth Wightman
    Michael Armes
    Lisa Tomjenovic
    Gail Vlahopoulos
    Robin Choy
    Edward Choi
    Jay Xie
    Raymond Chan
    Margaret McGrory 

    Carried

14.2
GENERAL COMMITTEE - JUNE 6, 2023

 

14.2.1
TAX SALE AUTHORIZATION (7.1)

 
  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Isa Lee
    1. That the report entitled “Properties for Tax Sale Authorization” be received; and,
    2. That staff be authorized to and directed to do all things necessary to give effect to this resolution.
    Carried

14.2.2
NET ZERO FACILITY PROJECT FEDERAL FUNDING UPDATE (6.0)

 
  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Ritch Lau
    1. That the confidential presentation entitled “Net Zero Facility Project Funding Update” be received; and,
    2. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

14.3
SPECIAL DEVELOPMENT SERVICES COMMITTEE - JUNE 6, 2023

 

14.3.1
YONGE NORTH SUBWAY EXTENSION (13.0)

 
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That Council receive the “Yonge North Subway Extension” material dated June 6, 2023; and,
    2. That the City requests Metrolinx to incorporate multiple entrances at each subway station in the Yonge North Subway Extension project including direct access at the northeast corner of Yonge Street and Steeles Avenue, and the northeast corner of Yonge Street and Royal Orchard Boulevard to enable seamless and safe pedestrian connections for when the subway extension begins operating; and,
    3. That Council approve the closure of Langstaff Road, without the need for a detour road, to support the construction of North Boulevard and Bridge Station, subject to permit requirements and conditions satisfactory to the Chief Administrative Officer and City Solicitor; and, further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

14.3.2
CMHC HOUSING ACCELERATOR FUND (10.0)

 
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That the report titled “CMHC Housing Accelerator Fund” dated June 6, 2023 be received; and,
    2. That the City requests CMHC to provide municipalities with flexibility to direct CMHC Housing Accelerator Funds towards priority items among the 7 initiatives to increase the effectiveness of the funding and support housing outcomes; and,
    3. That Staff be directed to submit the CMHC Housing Accelerator Fund application by the deadline of June 14, 2023; and, further,
    4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

14.4
DEVELOPMENT SERVICES COMMITTEE - JUNE 13, 2023

 

14.4.1
COMMUNICATION FROM MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING (10.0) 

 
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That the report entitled “Communication from Ministry of Municipal Affairs and Housing” be received; and further,
    2. That Staff be authorized and directed to do all things necessary to give effect to direction provided by Council.
    Carried

14.5
PRESENTATION ON PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES / LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS/ ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE,

 
  • Moved byCouncillor Keith Irish
    Seconded byDeputy Mayor Michael Chan
    1. That the confidential and restricted presentation be received; and further,
    2. That staff proceed as directed by Council.
    Carried
  • Moved byCouncillor Juanita Nathan
    Seconded byRegional Councillor Alan Ho

    That By-law 2023-91 be given three readings and enacted.

    Three Readings

    BY-LAW 2023-91- A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE 14, 2023.
    No attachment

    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That the Council meeting be adjourned at 3:25 PM.

    Carried
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