Council Meeting Minutes

Meeting Number: 25
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Live streamed
Roll Call
  • Mayor Frank Scarpitti
  • 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
Regrets
  • Deputy Mayor Michael Chan
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
  • Bryan Frois, Manager, Executive Operations & Strategic Initiatives
  • Kimberley Kitteringham, City Clerk
  • Frank Clarizio, Director, Engineering
  • Giulio Cescato, Director of Panning & Urban Design
  • Mark Visser, Senior Manager Financial Strategy & Investments
  • Eddy Wu, Director, Environmental Services
  • Martha Pettit, Deputy City Clerk
  • John Wong, Technology Support Specialist II
  • Hristina Giantsopoulos, Election/Council & Committee Coordinator
  • Stephen Lue, Acting Senior Manager, Development, Planning & Urban Design
  • Darryl Lyons, Deputy Director, Planning & Urban Design
  • Shane Manson, Senior Manager, Revenue & Property Taxation
  • Stephanie DiPerna, Director, Building Standards
  • Morgan Jones, Commissioner, Community Services
  • Joseph Silva, Treasurer
  • Graham Seaman, Director, Sustainability & Asset Management
  • Jay Pak, Senior Manager, Financial Planning & Reporting
  • Kishor Soneji, Manager, Financial Reporting, Financial Services
  • Peter Wokral, Senior Planner II, Planning & Urban Design
  • Rick Cefaratti, Senior Planner, Development
  • Clement Messere, Senior Planner

Alternate formats for this document are available upon request


The meeting of Council convened at 1:09 PM on November 1, 2023. Mayor Frank Scarpitti presided.

Council observed a moment of silence in recognition of the recent passing of Colin Smith, former Chair of Race Relations Committee and President of a Community Rate Payers Association.

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.

 There were no disclosures of Pecuniary Interest.

  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Andrew Keyes
    1. That the Minutes of the Council Meeting held on October 18, 2023, be adopted.
    Carried

Mayor and Council welcomed Grade 9 students to the City of Markham for Take Our Kids to Work Day 2023, an initiative that the City of Markham has been hosting for the past 14 years.

There were no deputations.​​

  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Juanita Nathan
    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
    Carried
  • Moved byCouncillor Reid McAlpine
    Seconded byRegional Councillor Jim Jones
    1. That the communication from the City Solicitor regarding the Ontario Land Tribunal (OLT) decision for Digram Developments - Helen Inc. 55, 63, and 83 Helen Avenue (WARD 3) be received.

      (By-Law 2023-151 and By-Law 2023-152 - as approved by OLT, for information only to facilitate the assignment of a by-law number.)
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Karen Rea
    1. That the communication from the City Solicitor regarding the Ontario Land Tribunal (OLT) decision for  3555 Highway 7 Development Ltd.  (WARD 8) be received.

      (By-Law 2023-153 and By-Law 2023-154 - as approved by OLT, for information only to facilitate the assignment of a by-law number.)
    Carried

There were no proclamations.​​

  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Alan Ho

    That the report of the General Committee be received & adopted. (Items 1 to 10):

    Carried
  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Alan Ho
    1. That the report entitled “Sewer Use By-law Update”, dated October 24 2023, be received; and, 
    2. That the current Sewer Use By-law (No. 2014-71) be repealed and replaced with the amended Sewer Use By-law, as described in this report and in the form set out in Attachment “A”; and, 
    3. That Council receive the information that Markham participates in a collaborative Sewer Use Compliance Program with the Regional Municipality of York; and further, 
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • (By-Law 2023-150)

  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Alan Ho
    1. That the report titled “2024 Temporary Borrowing By-law” be received; and,
    2. That a by-law be brought forward for Council approval to authorize temporary borrowing, if required, of amounts not to exceed $222,357,599 from January 1, 2024 to September 30, 2024 and $111,178,800 from October 1, 2024 to December 31, 2024 to meet the expenditures of the municipality until taxes are collected and other revenues are received; and,
    3. That the Treasurer report to Council in advance of borrowing, if temporary borrowing is required; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • (By-law 2023-147)

  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Alan Ho
    1. That the report entitled "Tax Write-offs in Accordance with Section 354 of the Municipal Act, 2001" be received; and,
    2. That the tax amounts for prior years totalling $784,555, as set out in this report, be written-off pursuant to Section 354 of the Municipal Act, 2001; and,
    3. That the City of Markham’s portion of the write-off of $183,327 be charged to Account 820-820-7040; and,
    4. That the Treasurer be directed to remove these amounts from the Collector’s Roll; and,
    5. That the associated interest be cancelled in proportion to the tax adjustments; and,
    6. That staff be authorized to and directed to do all things necessary to give effect to this resolutions.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Alan Ho
    1. That the report “2024 Interim Tax Levy By-law” be received; and,
    2. That Council authorize an interim tax levy for 2024; and,
    3. That the attached by-law be passed to authorize the 2024 interim tax levy; and further,
    4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • (By-law 2023-148)

  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Alan Ho
    1. That the report titled “2024 Interim Spending Authority Pending Adoption of the 2024 Budget”, be received; and,
    2. That Council provide the Treasurer authority to make payments necessary to support the City’s ongoing operations, up to a total of 50% of the City’s 2023 Primary Operating, Waterworks, Planning & Design, Building Standards, and Engineering budgets ($222,357,599); 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 byRegional Councillor Alan Ho
    1. That the report titled “2024 Interim Spending Authority Pending Adoption of the 2024 Unionville and Markham Village Business Improvement Area Budgets”, be received; and,
    2. That Council authorize spending for the Unionville BIA (UBIA) and the Markham Village BIA (MBIA) to support their ongoing operations, up to a total of 50% of the UBIA and MBIA 2023 Operating Budgets ($225,000 and $167,017, respectively); 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 byRegional Councillor Alan Ho
    1. That the report entitled “Markham Public Library Material and Processing Services” be received; and,
    2. That the contract and Purchase Order (PB 23037 and GL account 076-6150-23203-005) in the amount of $1,128,197.66 (Inclusive of HST) with Library Services Centre (LSC) for 2023 Markham Public Library Material and Processing Services be cancelled; and,
    3. That the funds in the amount of $150,640.00 and $508,800.00 (Inclusive of HST) be re-allocated from PB 23037 and GL account 076-6150-23203-005 to the following two vendors for 2023 library material and processing services:
      1. Library Bound Inc. - $150,640.00 (DVD, BluRay, Videogames); and, 
      2. Whitehots Inc. - $508,800.00 (All print); and, 
    4. That the funds remaining in GL account 076-6150-23203-005 ($1,128,197.66 - $150,640.00 - $508,800.00 = $468,757.66) remain in the account for future digital collections and other collections and processing items in 2023/24; and,
    5. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11 Non Competitive Procurement, (b) where there is only one source of supply for the goods to be purchased and (g) where it is in the City’s best interest not to solicit a competitive Bid; and further, 
    6. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Alan Ho
    1. That the report entitled “041-T-23 Supply and Delivery of One (1) Bucket Truck” be received; and,
    2. That for contract for 041-T-23 supply and delivery of one (1) bucket truck:
      1. The contract be awarded to the lowest priced bidder, Allan Fyfe Equipment Ltd., in the total amount of $389,532.19, inclusive of HST; and,
      2. The award in the amount of $389,532.19 be funded from project #23020 Corporate Fleet Replacement – Non-Fire (account 057-6150-23020-005) with a 2023 budget available of $240,100.00; and,
      3. The budget shortfall in the amount of $149,432.19 ($389,532.19 - $240,100.00) be funded from the Life Cycle Replacement and Capital Reserve Fund; 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 byRegional Councillor Alan Ho
    1. That the report entitled “Extension of Public Space Waste Recycling Receptacles System and Advertising Revenue Program” be received; and,
    2. That Council approve a five (5) year contract extension (2024-2028) with Bench Press Ltd., carrying on business as Creative Outdoor Advertising, and an option for the City to extend the contract for an additional period of five (5) years (2029-2033); and,
    3. That the Director of Environmental Services and Senior Manager of Procurement & Accounts Payable be authorized to extend the contract with Creative Outdoor Advertising for an additional period of five (5) years (2029-2033), subject to the satisfactory completion of the initial five (5) year contract term (2024-2028); and,
    4. That the Commissioner, Community Services be authorized to execute the contract(s) with Creative Outdoor Advertising for the five (5) year contract extension (2024-2028) and the additional five (5) year contract extension (2029-2033), as applicable, in a form satisfactory to the City Solicitor; and,
    5. That the expected incremental annual revenue from the contract(s) be included as part of the requested Waste & Environmental Management Operating Budget; and further, 
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Alan Ho
    1. That the report titled “2023 August Year-To-Date Results of Operations and Year-End Forecast” be received; and further,
    2. 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 Committee be received & adopted save and except Item 8.2.2. (Items 1 to 4):

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That the report dated October 31, 2023 titled “Lean Review of the Development Review Process” be received; and,
    2. That the deputations from Doug Denby and Louis Olivera at the October 31st Development Services Committee meeting be received; and,
    3. That the report titled “Lean Review of the Development Review Process” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Streamline Development Approval Fund; and,
    4. That staff be directed to evaluate the findings of the study entitled “Lean Review of the Development Review Process” and report back to Development Services Committee on implementation; 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 byRegional Councillor Joe Li
    1. That the report and presentation dated October 31, 2023 titled “Implementation of Development Review Process Technology Projects” be received; and,
    2. That the deputation by Louis Olivera at the October 31st Development Services Committee meeting be received; and, 
    3. That the presentation dated October 31, 2023 titled "City of Markham 3D Modelling Project" be received; and,
    4. That Staff further evaluate enhancements to 3D modelling and report back; and,
    5. That the report titled “Implementation of Development Review Process Technology Projects” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Streamline Development Approval Fund; and further,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried as Amended
  • Council consented to add the following clause to the recommendation:
    That Staff further evaluate enhancements to 3D modelling and report back; and 

  • Moved byRegional Councillor Jim Jones
    Seconded byRegional Councillor Joe Li
    1. That the October 31, 2023, report titled, “RECOMMENDATION REPORT, Eastside Chevrolet GMC Buick Ltd., Applications for Official Plan and Zoning By-law Amendment to permit a 35-storey mixed use development consisting of 618 residential units and 2,820 m2 (30,354 ft2) of motor vehicle sales, retail, and office uses at 8435 Woodbine Avenue (Ward 8), File PLAN 23 114260”, be received; and,
    2. That the Applications for Official Plan and Zoning By-law Amendment, submitted by Eastside Chevrolet GMC Buick Ltd., under File PLAN 114260, to amend the City of Markham Official Plan and Zoning By-law 165-80, as amended, be refused without further notice; and further,
    3. 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 dated October 31, 2023, titled “RECOMMENDATION REPORT, Rogers Communications, 9249 Kennedy Road, Site Plan Approval Application to facilitate a 14.9 m telecommunication tower (Ward 3), File No. SPC 20 131031”, be received; and,
    2. That the Site Plan Approval application be approved, subject to conditions identified in Appendix “A” of this report; and,
    3. That the Site Plan Approval shall lapse after a period of three years commencing October 31, 2023, should the Proposed Development not proceed in a timely manner; and,
    4. That Innovation, Science and Economic Development Canada (“ISED Canada”) (formerly known as Industry Canada) be advised in writing, of this approval (concurrence), and that this approval is with respect to this location only; and further,
    5. 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 items.

There were no announcements.​​

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That By-laws 2023-147 to 2023-150, and By-law 2023-155 be given three readings and enacted.

    Carried
Three Readings

EXPENDITURES OF THE CORPORATION FOR THE YEAR, UNTIL TAXES ARE COLLECTED AND OTHER REVENUES RECEIVED
Being a by-law to authorize the temporary borrowing of an amount not to exceed $222,357,599 from January 1 to September 30, 2024 and $111,178,800 from October 1 to December 31, 2024 to meet the current expenditures of the corporation for the year, until taxes are collected and other revenues received.
(Item 8.1.2)

  • Carried

Being a By-Law to Provide for an Interim Tax Levy in 2024.
(Item 8.1.4)

  • Carried

A by-law to deem certain lands not to be a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act; LOTS 15, 16, 17, 18 and 19, on Registered Plan 65M-2813, City of Markham, Regional Municipality of York.

  • Carried

A By-law to regulate the installation and connection of private sewers to sewage works, and the discharge of sewage, storm water and land drainage within the serviced area of The Corporation of the City of Markham (“Sewer Use By-law”)
(Item 8.1.1)

  • Carried

Being a By-Law to adopt Amendment No. 48 to the City of Markham Official Plan 2014, as amended.

By-law 2023-151 as approved by OLT, for information only to facilitate the assignment of a by-law number.

(Item 6.2)

A By-law to amend By-law 304-87, as amended to delete lands from the designated area of By-law 304-87 and to amend By-law 177-96, as amended to incorporate lands into the designated area of By-law 177-96.

By-law 2023-152 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.2)

A By-Law to adopt Amendment No. 262 to the City of Markham Official Plan (Revised 1987), as amended, and to incorporate Amendment No. 15 to the Markham Centre Secondary Plan (PD 33-1), as amended, for the Central Area Planning District (Planning District No. 33).

By-law 2023-153 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.3)

The proposed by-law amendment applies to a parcel of land with an approximate area of 1.1 hectares (2.72 acres), which is located on the southwest corner of Highway 7 East and South Town Centre Boulevard, and municipally known as 3505 and 3555 Highway (the “Subject Lands”). 3505 and 3555 Highway 7 E.  The Subject Lands are currently zoned as “Markham Centre Downtown One *17 (Hold) - MC-D1*17(H1)(H10)” under By-law 2004-196, as amended. The purpose of this By-law is to amend By-law 2004-196, as amended, to rezone the Subject Lands from Markham Centre Downtown One to Markham Centre Downtown Two.

By-law 2023-154 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.3)

The proposed by-law amendment applies to a parcel of land with an approximate area of 0.62 hectares (1.53 acres), which is located 162-186 Main Street Unionville, Markham, ON.  The subject lands are zoned Mixed Use Heritage Main Street (HMS) Zone under By-law 122-72, as amended. The purpose and effect of this By-law is to rezone the subject lands under By-law 177-96, as amended from mixed use Heritage Main Street (HMS) Zone (By-law 122-72) to Community Amenity Area 2 (CA2*732) Zone (By-law 177-96) in order to permit mixed use development of the lands.

  • Carried
  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Karen Rea

    That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters (1:56 PM):

    Carried
  • Council resumed in open session at 3:40 PM and passed the following resolutions:

14.1.1
CONFIDENTIAL COUNCIL MINUTES - OCTOBER 18, 2023

 
  • Moved byCouncillor Reid McAlpine
    Seconded byRegional Councillor Joe Li
    1. That the confidential Council minutes of the Council Meeting held on October 18, 2023 be adopted.
    Carried

14.1.2
APPOINTMENTS TO BOARDS/ COMMITTEES (16.24)

 
  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Reid McAlpine

    1. German Mills Community Centre Board: 

    That the following individuals be appointed to the German Mills Community Centre Board with a term of expiry noted:

    Matthew Albanese            November 30, 2024
    Linda Song                         November 30, 2026
    Sanchit Sharma                 November 30, 2024

     

    Carried

14.2
DEVELOPMENT SERVICES COMMITTEE - OCTOBER 31, 2023

 

14.2.1
REQUEST FOR DIRECTION, ONTARIO LAND TRIBUNAL APPEAL BY 1107656 ONTARIO INC. (TIMES GROUP), OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 8) (10.3, 10.5)

 
    1. That the confidential update regarding “Request for Direction, Re: Ontario Land Tribunal Appeal By 1107656 Ontario Inc. (Times Group), Official Plan And Zoning By-Law Amendment Applications on the Southwest corner of Highway 7 and South Park Road, be received; and further,
    2. That Staff proceed as directed during the closed session of the Council meeting on November 1, 2023.
  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Ritch Lau

    That By-law 2023-146 be given three readings and enacted.

    Three Readings

    BY-LAW 2023-146, A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 1, 2023

    Carried
  • Moved byRegional Councillor Alan Ho
    Seconded byRegional Councillor Jim Jones

    That the Council meeting be adjourned at 3:42 PM.

    Carried
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