Electronic Council Meeting Minutes

Meeting No. 18
-
Live streamed
Roll Call
  • Mayor Frank Scarpitti
  • Deputy Mayor Don Hamilton
  • Regional Councillor Jack Heath
  • Regional Councillor Joe Li
  • Regional Councillor Jim Jones
  • Councillor Keith Irish
  • Councillor Alan Ho
  • Councillor Reid McAlpine
  • Councillor Karen Rea
  • Councillor Andrew Keyes
  • Councillor Amanda Collucci
  • Councillor Khalid Usman
  • Councillor Isa Lee
Staff
  • Andy Taylor, Chief Administrative Officer
  • Trinela Cane, Commissioner, Corporate Services
  • Arvin Prasad, Commissioner, Development Services
  • Morgan Jones, Commissioner, Community Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Adam Grant, Fire Chief
  • Frank Clarizio, Director, Engineering
  • Joel Lustig, Treasurer
  • Bryan Frois, Manager, Executive Operations and Strategic Initiatives
  • Kimberley Kitteringham, City Clerk
  • Martha Pettit, Deputy City Clerk
  • Loy Cheah, Senior Manager, Transportation
  • John Wong, Technology Support Specialist II
  • Hristina Giantsopoulos, Election/Council & Committee Coordinator
  • Jeff Baker, Supervisor, Licensing & Business Standard
  • Alice Lam, Director, Operations
  • Regan Hutcheson, Manager - Heritage
  • Evan Manning, Heritage Planner
  • Claudia Marsales, Senior Manager Waste Management & Environment
  • Mark Visser, Senior Manager Strategy Innovation & Investments
  • Stacia Muradali, Manager, Development, Planning & Urban Design

Alternate formats for this document are available upon request


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.

The meeting of Council convened at 1:05 PM on November 23, 2021. Mayor Frank Scarpitti presided.

Councillor Keith Irish declared a conflict with respect to Item 6.1, 6.2 and 8.1.1 regarding the matter on " Licensing of Private Transportation Companies (PTCs) and Associated Amendments to the Mobile Licensing By-law”, as his son is an iOS Developer for Uber.

  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Keith Irish
    1. That the Minutes of the Council Meeting held on November 9, 2021, be adopted.
    Carried

There were no presentations.

There were no deputations.

Item numbers 6.1, 6.2 and 8.1.1 on the matter on ""Licensing of Private Transportation Companies (PTCs) and Associated Amendments to the Mobile Licensing By-law" were referred to a future General Committee meeting.

  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    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 1st, 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)

    Postponed
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Alan Ho

    That Council consider the matter of "Licensing of Private Transportation Companies (PTCs) and Associated Amendments to the Mobile Licensing By-law” immediately following the Approval of Previous Minutes with respect thereto.

    Carried

Item numbers 6.1, 6.2 and 8.1.1 on the matter on ""Licensing of Private Transportation Companies (PTCs) and Associated Amendments to the Mobile Licensing By-law" were referred to a future General Committee meeting.

  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    1. 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; and 
    2. That this matter be referred to a future General Committee meeting in December 2021.

     

     

    Postponed
  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Karen Rea
    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

    Carried

Item numbers 6.1, 6.2 and 8.1.1 on the matter on ""Licensing of Private Transportation Companies (PTCs) and Associated Amendments to the Mobile Licensing By-law" were referred to a future General Committee meeting.

  • Council had before it the following original recommendation which was not considered at the meeting:

    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.
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish

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

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the staff report titled “Active Transportation Master Plan (City-wide)”, and the staff presentation be received; and,
    2. That Markham Council supports the Active Transportation Master Plan; and,
    3. That staff report back to the Development Services Committee in Q1, 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 lifecycle costs of the five-year plan
      • 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;

     

    1. 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
    2. 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,
    3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

     

     

    Carried as Amended
  • Council consented to amend clause 2 from:

    2. That the Active Transportation Master Plan be endorsed, in principle; and

    to:

    2. That Markham Council support the Active Transportation Master Plan;

     

    Council also consented to adding the following to clause 3:

    • Identify lifecycle costs of the five-year plan
  • Council had before it the following original recommendation for consideration:

    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.
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Khalid Usman

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

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Khalid Usman
    1. That the proposed 2022 Standing Committee & Council Meeting Calendar be adopted.
    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Khalid Usman
    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.

       

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Khalid Usman
    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.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish

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

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    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.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    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.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    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.
    Carried

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

  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the staff report dated November 22nd, 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 1st, 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.
    Carried

​There were no motions.

​​There were no notices of motions.

There were no new / other business.

There were no announcements.​​

  • Moved byCouncillor Alan Ho
    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 1:36 pm:

    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)] 

    Carried
  • Moved byCouncillor Andrew Keyes
    Seconded byRegional Councillor Jim Jones

    That Council rise from Confidential session at 2:04 PM.

    Carried
  • The following Confidential items were approved by 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)]
 

  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Khalid Usman

    1. That the following persons be re-appointed to the Markham Village Train Station Community Centre Board with a term expiry as indicated or until as successor is appointed:

    Name                                    Term Expiry

    Linaire Armstrong                  November 14, 2022
    Ken Rudy                               November 14, 2022
    Donna Wigmore                     November 14, 2022
    Kugan Subramaniam             November 14, 2022
    Andrew Fuyarchuk                 November 14, 2022
    Dianne More                          November 14, 2022

    2. That the following persons be re-appointed to the Flato Theatre Advisory Committee  with a term expiry as indicated or until a successor is appointed:

    Name                                    Term Expiry

    Ron Minken                           November 14, 2022
    Sophia Sun                             November 14, 2022
    Anne Gilligan                         November 14, 2022
    Aleem Israel                           November 14, 2022
    Justin Reid                             November 14, 2022
    Srinka Wallia                          November 14, 2022
    Diane Lai                                November 14, 2022

     

    3. That the following persons be re-appointed to the Seniors Advisory Committee with a term expiry as indicated or until a successor is appointed:

    Name                                    Term Expiry

    Mithan Lal Kansal                 November 14, 2022
    Gail Leet                                November 14, 2022
    Yash Kapur                            November 14, 2022
    Patricia Anderson                  November 14, 2022
    Satya Arora                            November 14, 2022
    Anthony Ko                           November 14, 2022
    Laila Jiwa                               November 14, 2022

    4. That the resignation of Sherry Klein from the Animal Care Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

    Carried

14.1.2
A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; (8.7) (WARD 2) [Section 239 (2)(c)]
 

  • Moved byCouncillor Alan Ho
    Seconded byCouncillor Keith Irish
    1. That the report entitled “Reporting Out Of Real Property Disposition –– Surplus Lands adjacent to 6360 16th Avenue, Markham and Mobis Drive” be received; and,
    2. That the following proceeds from the sale, less disbursements, be allocated to the Land Sales account 890-890-9306:
      • For the Lands adjacent to 6360 16th Avenue, $192,742.00; and
      • For the Lands adjacent to Mobis Drive, $160,000.00; and,
    3. That the report entitled “Reporting Out Of Real Property Disposition –– Surplus Lands adjacent to 6360 16th Avenue, Markham and Mobis Drive” and the foregoing resolutions be reported out at the next public Council meeting; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

     

    Carried
  • Note: Please see Item 15 for public report.

14.1.3
A SECURITY OF THE PROPERTY OF THE CITY OR LOCAL BOARD (WARD 8) (8.2) [Section 239 (2)(a)]
 

  • Moved byCouncillor Isa Lee
    Seconded byDeputy Mayor Don Hamilton
    1. That the confidential report on the security of the property of the City or local board (Ward 8), be received; and,
    2. That Staff be authorized and directed to do all things necessary to give effect to the actions set out in this confidential report.
    Carried

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)]
 

  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Andrew Keyes
    1. That the confidential report on a proposed or pending acquisition or disposition of land by the municipality or local board(Ward 7), be received; and,
    2. That Council approve Option 3 as outlined in the confidential report; and, 
    3. That Staff be authorized and directed to do all things necessary to give effect to the actions set out in this confidential report.
    Carried
  • Moved byCouncillor Isa Lee
    Seconded byRegional Councillor Joe Li

    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

    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That the Council meeting be adjourned at 2:08 pm

    Carried
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