Council Minutes

Meeting #:Meeting No: 15
Date:
-
Location:
Council Chamber
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
  • Biju Karumanchery, Director, Planning & Urban Design
  • Joel Lustig, Treasurer
  • Bryan Frois, Chief of Staff
  • Mary Creighton, Director, Recreation Services
  • Kimberley Kitteringham, City Clerk
  • Martha Pettit, Deputy City Clerk
  • John Wong, Technology Support Specialist II
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Morgan Jones, Director, Operations
  • Mark Visser, Sr Manager Strategy Innovation & Investments
  • Claudia Marsales, Sr Manager Waste Management & Environment

Alternate formats for this document are available upon request


The meeting of Council convened at 1:05 PM on September 10, 2019 in the Council Chamber. Mayor Frank Scarpitti presided.

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

On behalf of Council, the Mayor acknowledged Bianca Andreescu for winning the 2019 U.S. Open and becoming the first Canadian to win a Grand Slam singles title. It was noted that Andreescu is a resident of Thornhill and attended high-school at Bill Crothers Secondary School in Unionville.

  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Alan Ho
    1. That the Minutes of the Council meeting held on June 25, 2019, be adopted.
    Carried
  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Keith Irish
    1. That the minutes of the Special Council meeting held on July 26, 2019, be adopted.
    Carried

There were no presentations.

There were no deputations.​​

  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Amanda Collucci
    1. That the letter from the College of Physicians and Surgeons of Ontario Council regarding the Nominations for the 2020 College of Physicians and Surgeons of Ontario Council Award be received for information.
    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Khalid Usman
    1. That the request for the City of Markham for a Special Occasion Permit be received and approved, subject to compliance with all applicable by-laws, regulations and City requirements for special occasion permits with respect to temporary facilities, and further;
    2. That the City of Markham recognize the Craft Beer + Food Festival as a community event of "Municipal Significance".
    Carried
  • Moved byCouncillor Reid McAlpine
    Seconded byDeputy Mayor Don Hamilton
    1. That the request for the City of Markham for a Special Occasion Permit be received and approved, subject to compliance with all applicable by-laws, regulations and City requirements for special occasion permits with respect to temporary facilities, and further;
    2. That the City of Markham recognize the Diversity Community Cultural Festival as an event of "Municipal Significance".
    Carried
  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Karen Rea
    1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
      1. India Independence Day - August 15, 2019
      2. Mitochondrial Disease Awareness Week - September 16 - 22, 2019
      3. Dementia Friendly Day for World Alzheimer's Day - September 21, 2019
      4. National Coaches Week - September 21- 29, 2019
      5. Franco-Ontarian Day - September 25, 2019
      6. Prostate Cancer Awareness Month - September
      7. Wrongful Conviction Day - October 2, 2019
      8. Child Care Worker and Early Childhood Educator Appreciation Day - October 24, 2019
    2. That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
      1. September Sickle Cell Awareness Month - September
      2. Show Your Local Love Day - September 17, 2019
      3. Military Family Appreciation Day - September 20, 2019
    3. That the following requests for flags to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes:
      1. India Independence Day - August 18, 2019; (Organized by Vedic Cultural Centre - Arya Samaj Markham)
      2. Franco-Ontarian Day - September 25, 2019; (Organized by Ecole elementaire catholique Sainte-Marguerite-Bourgeoys)
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Andrew Keyes

    That the report of the General Committee be received & adopted, except for items 8.1.2 and 8.1.4.

    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Andrew Keyes
    1. That the Report Appointment of Members to the Markham Mayor’s Youth Council for the period of September 3, 2019 to June 30, 2020 be received; and,
    2. That the following Appointments of Members to the Markham Mayor’s Youth Council be confirmed for the term September 3, 2019 to June 30, 2020

    Name

    High School    

    Grade

    Ward

    Karina Florea

    Thornhill S.S.

    9

    1

    Marissa Wang

    Bayview S.S.

    10

    2

    Evan Qi

    Bayview S.S

    12

    2

    Kelly Hu

    Bayview S.S

    12

    2

    Sidd Mittal

    Unionville H.S

    12

    2

    Justine Lin

    Unionville H.S

    10

    3

    Patrick Ang

    St. Brother Andre C.H.S

    11

    3

    Selina Qiu

    Markville S.S

    11

    3

    Boris Lam

    Markville S.S

    12

    3

    Hana Almofti

    Markville S.S

    12

    3

    Mankaran Pahwa

    Unionville H.S.

    10

    4

    Olivia Chan

    Unionville H.S.

    10

    4

    Maxine Bisera

    St. Brother Andre C.H.S

    11

    4

    Johnny Wong

    Markville S.S.

    12

    4

    Gloria Huang

    Bill Hogarth S.S.

    9

    5

    Bryant Zheng

    Markville S.S.

    10

    6

    Kara Yang

    Markville S.S.

    10

    6

    Ernest Wong

    St Robert CHS

    11

    6

    Seethaa Manoharan

    Bayview S.S.

    11

    6

    Eddy Guo

    Bayview S.S

    12

    6

    Ashwin Suganthan

    Markham District H.S.

    10

    7

    Chloe Vanderlugt

    Town Centre P.H.S.

    11

    7

    Anjali Singh

    Markham District H.S.

    12

    7

    Richard Chen

    Middlefield C.I.

    12

    7

    Ira Chandershekar

    Markville S.S.

    12

    8

         ; and further,
    3.  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 Reid McAlpine
    1. That the matter on the "Flood Control Program and Stormwater Fee Update" be deferred to the September 24, 2019 Council meeting.
    Carried
  • Council had before it the following recommendations which were deferred to the September 24, 2019 Council meeting:

    1. That the presentation entitled "Alectra Rear Lot Conversion Initiative & Stormwater Fee Update" be received; and,
    2. That the report “Stormwater Fee Update” be received; and,
    3. That an annual stormwater fee continue to be imposed on all property within the municipal boundaries of the City of Markham, save and except those noted in the Stormwater Fee By-law 2020-XXX as outlined in Appendix “A” to this staff report; and, 
    4. That the annual stormwater fee for Residential properties be increased in year 2020 from $47 to $50 per property; and further be increased by $1 per year, each year thereafter; and,
    5. That the annual stormwater fee rate for Non-Residential properties be increased in year 2020 by $2 per $100,000 of current value assessment (CVA); and further be increased by 2% per year, each year thereafter; and,
    6. That the annual stormwater fee rate for Vacant Land properties be increased in year 2020 by $2 per $100,000 of current value assessment (CVA) and further be increased by 2% per year, each year thereafter; and,
    7. That the Treasurer continue to be authorized to adjust the annual stormwater fee rate for both Non-Residential and Vacant Land properties to compensate for the average annual change in City-wide CVA; and, 
    8. That the annual stormwater fee levied continue to be included as a separate line item on the final tax bill of the property; and, 
    9. That the City continue to allocate $2,000,000 per year of Federal Gas Tax funding to the Flood Control Program;
    10. That By-law 2015-130 be repealed in its entirety and replaced with the Stormwater Fee By-law 2020-XXX as outlined in Appendix “A” to this staff report; and,
    11. That staff report back to Council in 2024 with any required update to the annual Stormwater Fees, for implementation in 2025, to ensure that the Flood Control Program is adequately funded; and further,
    12. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    (By-law 2019-100)

    Deferred

  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Andrew Keyes
    1. That the report dated September 3, 2019 entitled “Transfer Payment Agreement for Provincial Audit and Accountability Fund” be received; and,
    2. That the Mayor and Clerk be authorized to execute the Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) for funding an assessment of the development review process, provided the agreement is in a form satisfactory to the Commissioner of Development Services and the City Solicitor; and,
    3. That a new capital project named, “Development Review Process” be created in the amount of $150,000 to be funded from the Provincial Audit and Accountability Fund; and further,
    4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Andrew Keyes

    WHEREAS the Ontario Ministry of the Environment, Conservation, and Parks has issued direction to Stewardship Ontario to begin the transition of Ontario’s Blue Box Program from Municipalities to producers of plastic and other packaging, and, 

    WHEREAS Municipalities have acted as the primary Blue Box service provider for over 30 years establishing successful,  convenient, and cost effective recycling programs for their residents; and,

    WHEREAS the City of Markham, its residents, and its innovative business community have initiated bold actions over the years and demonstrated environmental leadership resulting in:

    An 82% community diversion rate and a 74% RPRA (Resource Productivity & Recovery Authority) net diversion rate;
    A curbside waste generation rate of only 258 kg per capita as a result of Markham’s Clear Bag garbage program and material bans;
    Recycling services to all of Markham’s 132 multi-residential buildings;
    160,770 visits by residents to Markham’s community recycling depots in 2018;
    An award winning Textile diversion program which has diverted over 15 million lbs of textiles from the waste stream;
    Zero Waste and 3-stream collection services to all Markham community facilities, primary schools and BIAs (business improvement areas); and,

    WHEREAS, the Mayor and City Council wishes to ensure the continued success of Markham’s integrated waste management and recycling system and that the amended Blue Box Program meets the needs of our growing community; and,

    WHEREAS the City of Markham encourages the Province to take every opportunity to enhance and expand the list of acceptable Blue Box materials while taking into account local circumstances.        

    Therefore be it resolved:

    1. That the report entitled “Proposed Provincial Blue Box Program Changes” be received; and,
    2. That the City of Markham with its environmental leadership experience offers to provide support to the Province and Stewardship Ontario during the  transition process; and,
    3. That the Province ensures that municipalities are meaningfully involved in the transition process and that there will be a robust and extensive consultation with all stakeholders going forward; and,
    4. That the Provincial Government ensure the new Blue Box Plan will not negatively impact Ontarians' experience with, and access to, Blue Box services and related diversion programs and that service levels and convenience for residents will be maintained or improved; and,
    5. That the Province establish and enforce through regulation, aggressive diversion targets for the Blue Box Plan that clearly articulates a goal of zero waste, supported with programs aimed to eliminate waste and create a strong circular economy; and,
    6. That the Province ensure that the Blue Box Plan respect the cost effectiveness, efficiency, and environmental performance of the integrated collection system currently provided by municipalities including the efficiency of material co-collection; and,
    7. That the Province ensure the Blue Box Plan include a cost recovery mechanism to compensate municipalities for the additional cost of materials redirected to the organics or waste streams as a result of changes to Provincial Legislation for the Blue Box material acceptance list; and,
    8. That Council authorize the Commissioner of Community & Fire Services /or designate to actively participate in the consultation process to advance Markham’s priorities; and,
    9. That the City Clerk circulate this Motion to the Clerks of York Region and the local municipalities and the Minister of the Environment, Conservation and Parks; and further,
    10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried as Amended

​There were no motions.

 

​​There were no notices of motions.

 


There was no new / other business.

Regional Councillor Jack Heath advised Council that the Nordlingen Festival was recently held in Germany last weekend, and that he, Councillor Rea and six Markham residents represented the City of Markham. The Mayor thanked the group for their participation and highlighted the longstanding relationship with between the two cities.

  • Moved byCouncillor Andrew Keyes
    Seconded byRegional Councillor Jim Jones

    That By-laws 2019-78, 2019-85 to 2019-99 and 2019-101 be given three readings and enacted.

    Carried

Council consented to add the following item to the Confidential agenda:

14.4  PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR BOARD EMPLOYEES (16.24) [Section 239 (2) (b)]

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

  • Moved byCouncillor Karen Rea
    Seconded byRegional Councillor Joe Li

    That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 1:47 pm:

    14.1     APPROVAL OF CONFIDENTIAL COUNCL MINUTES - JUNE 25, 2019 (10.0)

    14.2     COUNCIL - SEPTEMBER 10, 2019

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

    14.3     DEVELOPMENT SERVICES COMMITTEE - SEPTEMBER 9, 2019

    14.3.1  LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – (APPEAL BY 1637063 ONTARIO INC.) 2522584 ONTARIO INC., MARYDALE AVENUE (WARD 7) (8.0) [Section 239 (2) (e)]

    14.3.2  LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD - ANDRIN INVESTMENTS LIMITED, 5440 16TH AVENUE (WARD 4) (8.0) [Section 239 (2) (e)]

    14.4  PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR BOARD EMPLOYEES (12.0) [Section 239 (2) (b)]

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

     

    Carried
  • Moved byCouncillor Alan Ho
    Seconded byCouncillor Karen Rea

    That Council rise from Confidential session at 2:18 pm.

    Carried

14.1
APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JUNE 25, 2019 (10.0)
 

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Khalid Usman
    1. That the Confidential Council minutes of June 25, 2019 be adopted.
    Carried

14.2
COUNCIL - SEPTEMBER 10, 2019
 

14.2.1
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [Section 239 (2) (b)]
 

  • Moved byDeputy Mayor Don Hamilton
    Seconded byRegional Councillor Jack Heath

    1.  That the following persons be appointed to the Flato Markham Theatre Advisory Board:

    Ken MacDonald                              November 30, 2022
    Kathy McCarty                               November 30, 2022
    Carrie Sally                                     November 30, 2022
                                                             

    2.  That the following persons be appointed to the Public Art Advisory Committee:

    Dawn Kay                                       November 30, 2022
    Angelo Serrentino                           November 30, 2022
    Ken Wightman                                November 30, 2022
    Jenny Tung                                      November 30, 2022

     

    3.  That the following persons be appointed to the Animal Care Committee:

    Vikrum Pain                                    November 30, 2022
    Areez Remtulla                               November 30, 2023
    June Heather Ziola                          November 30, 2022
    Valerie Burke                                  November 30, 2023
    Bernice Royce                                 November 30, 2022
    Sharon Deutsh                                 November 30, 2022
    Denielle Duncan                             November 30, 2021
    Shirley Lesch                                  November 30, 2021
    Esther Attard                                   November 30, 2021

     

    4.  That the following persons be appointed to the Race Relations Committee:

    Suat Kenar                                      November 30, 2023
    Mohamad Mtairek                          November 30, 2023
    Hamza Sivanathan                          November 30, 2022
    Darius Sookram                              November 30, 2023
    Andrew Yu                                      November 30, 2022

    Carried

14.3
DEVELOPMENT SERVICES COMMITTEE - SEPTEMBER 9, 2019
 

14.3.1
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – (APPEAL BY 1637063 ONTARIO INC.) 2522584 ONTARIO INC., MARYDALE AVENUE (WARD 7) (8.0) [Section 239 (2) (e)]
 

  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Isa Lee
    1. That the confidential report on Litigation or Potential Litigation, including matters before Administrative Tribunals, affecting the Municipality or Local Board – (Appeal by 1637063 Ontario Inc.) 2522584 Ontario Inc., Marydale Avenue (Ward 7) be received; and,
    2. That Council direct the City Solicitor or her delegate and Staff to attend the Local Planning Appeal Tribunal (LPAT) hearing in support of Council’s decision on May 14, 2019 to approve the Zoning By-law Amendment application for the development of eight, three-storey freehold townhouse units; and further,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

14.3.2
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD - ANDRIN INVESTMENTS LIMITED, 5440 16TH AVENUE (WARD 4) (8.0) [Section 239 (2) (e)]
 

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Alan Ho
    1. That Council defer consideration of this item to the October 15, 2019 Development Services Committee.
    Carried

14.4
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR BOARD EMPLOYEES (12.0) [Section 239 (2) (b)]
 

  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes

    Council consented to not report out on this matter at this time.

    Carried

14.5
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [Section 239 (2) (b)]
 

  • Moved byDeputy Mayor Don Hamilton
    Seconded byRegional Councillor Jack Heath
    1. That the following person be appointed to the Waste Management Sub-Committee:

    Valerie Burke

    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That By-law 2019-101 be given three readings and enacted.

    Three Readings

    BY-LAW 2019-101 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER 10, 2019.

    Carried

That the Council meeting be adjourned at 2:21 p.m.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That the Council meeting be adjourned at 2:21 p.m.

    Carried