Revised Council Agenda

Revised Items are Italicized.

Meeting #:	Meeting Number: 7
Date:	Tuesday, April 02, 2019 at 6:00 P.m. - 10:00 P.m.
Location:	Council Chamber

​Alternate formats for this document are available upon request.

Council meetings are live video and audio streamed on the City's website.

Note: As per Section 7.1(h) of the Council Procedural By-Law, Council will take a ten minute recess after two hours have passed since the last break.​

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1.

CALL TO ORDER

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.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - MARCH 19, 2019

• 1. That the Minutes of the Council Meeting held on March 19, 2019, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

5.1

DEPUTATION - CONFIDENTIAL ITEM - INTEGRITY COMMISSIONER REPORT (16.23)

1. Mr. Christopher Zeppa will address Council on the Confidential item 14.2.1. - "Report of Integrity Commissioner Regarding Code of Conduct Complaint about Ward 4 Councillor Karen Rea".

6.

COMMUNICATIONS

6.1

10-2019 MEMORANDUM - DRAFT BY-LAW RE INDEMNIFICATION OF EMPLOYEES AND MEMBERS OF COUNCIL

Memorandum dated March 29, 2019 from the City Solicitor and Acting Director of Human Resources providing an update  on the draft By-law on the Indemnification of Employees and Members of Council.

(Item 8.2.3, Report No. 15)

(By-law 2019-42)

• 1. That Council receive this communication.

7.

PROCLAMATIONS

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 14 DEVELOPMENT SERVICES COMMITTEE (MARCH 18, 2019)

Please refer to your March 18, 2019 Development Services Committee Agenda for reports.

• To the Mayor and Members of Council:
  That the report of the Development Services Committee be received & adopted. (Items 1 to 5):

8.1.1

RECOMMENDATION REPORT AMENDMENT TO DESIGNATION BY-LAW 4-78 ECKARDT-STIVER HOUSE, 206 MAIN STREET UNIONVILLE, WARD 3 (16.11.3)

• 1. That the staff report titled “Amendment to Designation By-law 4-78, Eckardt-Stiver House, 206 Main Street Unionville”, dated March 18, 2019, be received; and,
  2. That By-law 4-78 designating the Eckardt-Stiver House at 206 Main Street, Unionville under Part IV of the Ontario Heritage Act be amended as per Appendix “A” to this report, to update the Statement of Significance to include both exterior and interior architectural features; and,
  3. That the Clerks Department serve upon the owner Council’s Notice of Intention to Amend the Designation By-law as per the requirements of the Ontario Heritage Act; and,
  4. That if there is no objection to the amendment by the owner in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place an amending by-law before Council for adoption; and,
  5. That if there is an objection to the amendment by the owner in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed amendment to the Ontario Conservation Review Board; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

RECOMMENDATION REPORT AMENDMENT TO DESIGNATION BY-LAW 211-79 BRIARWOOD FARM – JAMES MCLEAN HOUSE, 4031 SIXTEENTH AVENUE, WARD 3 (16.11.3)

• 1. That the staff report titled “Amendment to Designation By-law 211-79, Briarwood Farm – James McLean House, 4031 Sixteenth Avenue”, dated March 18, 2019, be received; and,
  2. That By-law 211-79 designating Briarwood Farm – James McLean House at 4031 Sixteenth Avenue under Part IV of the Ontario Heritage Act be amended as per Appendix “A” to this report, as the building will be relocated within the subject property and will have a new legal description, and to update the Statement of Significance to include interior architectural features; and,
  3. That the Clerks Department serve upon the owner Council’s Notice of Intention to Amend the Designation By-law as per the requirements of the Ontario Heritage Act; and,
  4. That if there is no objection to the amendment by the owner in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place an amending by-law before Council for adoption; and,
  5. That if there is an objection to the amendment by the owner in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed amendment to the Ontario Conservation Review Board; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

RECOMMENDATION REPORT INTENTION TO DESIGNATE A PROPERTY UNDER PART IV OF THE ONTARIO HERITAGE ACT THOMAS LOWNSBROUGH HOUSE 9392 KENNEDY ROAD, WARD 6 (16.11.3)

• 1. That the staff report entitled “Intention to Designate a Property Under Part IV of the Ontario Heritage Act, Thomas Lownsbrough House, 9392 Kennedy Road,” dated March 18, 2019, be received; and,
  2. That as recommended by Heritage Markham, the Thomas Lownsbrough House at 9392 Kennedy Road be approved for designation under Part IV 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 Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.4

RECOMMENDATION REPORT F.J. HOMES LIMITED PROPOSED ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION 19TM-17007 TO PERMIT 14 SINGLE DETACHED DWELLINGS

SOUTHWEST CORNER OF ROY RAINEY AVENUE AND COUNTRY RIDGE DRIVE (WARD 4) FILES ZA/SU 17 155326 (10.5, 10.7)

• 1. That the report titled “RECOMMENDATION REPORT, F.J. Homes Limited, Proposed Zoning By-law Amendment and Draft Plan of Subdivision 19TM-17007 to permit 14 single detached dwellings. Southwest corner of Roy Rainey Avenue and Country Ridge Drive (Ward 4), Files ZA/SU 17 155326”, be received; and; 
  2. That the Zoning By-law Amendment application submitted by F.J. Homes Limited, to amend Zoning By-law 177-96, as amended, be approved and that the draft by-law attached as Appendix ‘A’ be finalized and enacted without further notice; and, 
  3. That in accordance with the provisions of subsection 45(1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the owner shall, through this resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the zoning by-law (Appendix ‘B’) within two years of its approval by Council; and, 
  4. That Draft Plan of Subdivision 19TM-17007 submitted by F.J. Homes Limited, be approved subject to the conditions outlined in Appendix ‘B’; and, 
  5. That the Director of Planning and Urban Design, or his designate be delegated authority to issue draft approval, subject to the conditions set out in Appendix ‘B’ and as may be amended by the Director of Planning and Urban Design; and, 
  6. That the draft plan approval for Plan of Subdivision 19TM-17007 will lapse after a period of three (3) years from the date of Council approval in the event that a subdivision agreement is not executed within that period; and, 
  7. That Council assign servicing allocation for up to 14 single detached dwellings; and further, 
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.5

RECOMMENDATION REPORT 2412371 ONTARIO LIMITED (WYVIEW GROUP) 4121 HIGHWAY 7 APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT A TEMPORARY AUTOMOBILE STORAGE LOT (WARD 3) FILE NO.: ZA 18 154593 (10.5)

• 1. That the report dated March 18, 2019 titled “Recommendation Report, 2412371 Ontario Limited (Wyview Group), 4121 Highway 7 Application for zoning by-law amendment to permit a temporary car storage lot, (Ward 3), File No. ZA 18 154593,” be received; and, 
  2. That the record of the Public Meeting held on November 13, 2018 regarding the Zoning By-law Amendment application submitted by 2412371 Ontario Limited (Wyview Group), be received; and, 
  3. That the Zoning By-law Amendment application submitted by 2412371 Ontario Limited (Wyview Group) to amend Zoning By-law 304-87, as amended, be approved, and that staff finalize the implementing zoning by-law amendment for enactment by Council; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO.15 GENERAL COMMITTEE (MARCH 25, 2019)

Please refer to your March 25, 2019 General Committee Agenda for reports.

• To the Mayor and Members of Council:
  That the report of the General Committee be received & adopted. (Items 1 to 3):

8.2.1

042-T-15 CATHODIC PROTECTION OF IRON WATERMAINS – CONTRACT EXTENSION (7.12)

• 1. That the report entitled “042-T-15 Cathodic Protection of Iron Watermains – Contract Extension” be received; and,
  2. That contract # 042-T-15 Cathodic Protection of Iron Watermains, awarded to 1460973 Ontario Limited O/A C.P. Systems (C.P. Systems), be extended for three (3) additional years at the same itemized pricing; and,
  3. That the tendering process for the Cathodic Protection of Iron Watermains be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (c); which states that “when the extension of an existing Contract would prove more cost-effective or beneficial”; and,
  4. That the annual amount of $289,283.33, inclusive of HST, be awarded for 2019; and,
  5. That a 8% contingency in the amount of $23,142.67 be established to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  6. That the award in the amount of $312,426.00 be funded from the capital project 053-6150-19241-005 “Cathodic Protection of Iron Watermains”; and,
  7. That the remaining funds of $65,374.00 in project #19241 “Cathodic Protection of Iron Watermains” be returned to the original funding source; and,
  8. That the contract services award (inclusive of 8% contingency) for:
  1. Year 2020 in the amount of $328,900.12 ($304,537.15 + $24,362.97),
  2. Year 2021 in the amount of $443,098.05 ($410,275.97 + $32,822.08), be requested as part of the 2020 and 2021 capital budget process, subject to Council approval; and further,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

AWARD OF CONTRACT 126-R-18 REAL ESTATE BROKERAGE SERVICES (7.12)

• 1. That the report entitled “Award of Contract 126-R-18 Real Estate Brokerage Services” be received; and,
  2. That the contract for Real Estate Brokerage Services be awarded to the highest ranked/lowest priced bidder, Cushman & Wakefield Ltd.; and, 
  3. That Contract 126-R-18 for Real Estate Brokerage Services be awarded to the highest ranked bidder, Cushman & Wakefield Ltd., for a one (1) year term with the City having an option to renew for four (4) additional years, with the following commission rates payable to them upon closing of the property transaction for five years (exclusive of HST);

     Years 1 - 5	Commission rates
     Sale of property	1.00%
     Purchase of property*	1.00%
     Lease of property
     a) Residential (% of 1-month rent)	50.00%
     b) Industrial (% of 1st year net rent)	1.00%
     c) Industrial (% of each of the remaining years of the initial lease term)	1.00%
     d) Office ($ per square foot)	$0.20

     *When it is disclosed at the beginning of a transaction that the Vendor/Landlord will not pay a commission to the broker, the City shall pay the commission at the rate as outlined on the above chart; and, 

  4. That bidder Cushman & Wakefield Ltd. be designated as the    preferred vendor of the City’s Real Estate Brokerage Services needs  for a one year term with the City Solicitor having the authority to  renew successive one year terms to a maximum of five years; and further,

  5. That Staff be authorized and directed to do all things necessary to  give effect to this resolution.

8.2.3

INDEMNIFICATION OF EMPLOYEES AND MEMBERS OF COUNCIL (2.0)

• 1. That  the report entitled “Indemnification of Employees and Members of Council”, dated March 25, 2019, be received; and,
  2. That Attachment “A”, the proposed Indemnification of Employees  and Members of Council By-law, be enacted; and,
  3. That the contract for the City’s Integrity Commissioner be amended to include the responsibilities set out in the By-law attached as Attachment “A”; and,
  4. That the Chief Administrative Officer and the City Clerk be authorized to enter into indemnification/reimbursement agreements with eligible persons where the Integrity Commissioner has authorized indemnity, in a form satisfactory to the City Solicitor; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2019-42)

8.3

REPORT NO. 16 DEVELOPMENT SERVICES COMMITTEE (APRIL 1, 2019)

Please refer to your April 1, 2019 Development Services Committee Agenda for reports.

•  To the Mayor and Members of Council:
  That the report of the Development Services Committee be received & adopted. (Items 1 and 2):

8.3.1

BILL CROTHERS ARTIFICIAL TURF FIELD REPLACEMENT (6.0)

• 1. That the report entitled “Bill Crothers Artificial Turf Field Replacement” be received; and, 
  2. That Staff be authorized to issue a purchase order to York Region District School Board (YRDSB) in the amount of $1,339,365.00, inclusive of HST for the City’s portion (50%) of the Bill Crothers Secondary School artificial turf replacements; and, 
  3. That the purchase order in the amount of $1,339,365.00, inclusive of HST be funded from project 18220 Replacement of Artificial Turf Fields with available budget of $814,100.00; and, 
  4. That shortfall in the amount of ($525,265.00) ($814,100.00 - $1,339,365.00) be funded from the Life Cycle Replacement and Capital Reserve Fund; and, 
  5. That staff be directed to execute the Shared Use and Maintenance Agreement prior to proceeding with the project; and further, 
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.2

RECOMMENDATION REPORT 30TH WORLD HAKKA CONFERENCE, KUALA LUMPUR, MALAYSIA, OCTOBER 16 – 21, 2019 (10.16)

• 1. That the report titled, “30th World Hakka Conference, Kuala Lumpur, Malaysia, October 16 – 21, 2019”, dated April 1, 2019, be received; and, 
  2. That Council approve business travel for Mayor Scarpitti, Regional Councillor Joe Li, and Sr. Business Devt. Officer Sandra Tam to attend the 30th World Hakka Conference in Kuala Lumpur Malaysia from October 16 - 21; and, 
  3. That the total cost of the business trip to attend the 30th World Hakka Conference in Kuala Lumpur Malaysia not exceed $19,500.00 and be expensed from within International Investment Attraction account 610-9985811; and,
  4. That the cost of the pre-conference mission to China attended by Regional Councillor Joe Li be expensed from within International Investment Attraction account 610-9985811 to a maximum of $2,500; and further, 
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

NEW/OTHER BUSINESS

Note: As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity."

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2019-38 to 2019-40 and 2019-42 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2019-38 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71 (COMPULSORY STOPS)

To add compulsory stops at specific intersections within the City of Markham.

13.2

BY-LAW 2019-39 A BY LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule C of the Parking By-law pertaining to “Prohibited Parking”.

13.3

BY-LAW 2019-40 SARENA PROPERTIES LTD., 197 & 199 LANGSTAFF ROAD, ZONING BY-LAW AMENDMENT

A By-law to amend By-law 2551, as amended, to permit outdoor storage.

(Item 8.4.1., Report No. 13, March 19, 2019 Council Meeting)

13.4

BY-LAW 2019-42 INDEMNIFICATION BY-LAW

A By-law to provide for the indemnification and defence of employees and Members of Council against loss or liability in certain circumstances arising out of acts or omissions done while acting on behalf of the Corporation.

14.

CONFIDENTIAL ITEMS

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

14.1

COUNCIL - APRIL 2, 2019

14.1.1

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

14.1.2

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

14.2

NEW/ OTHER BUSINESS

14.2.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (REPORT OF INTEGRITY COMMISSIONER REGARDING CODE OF CONDUCT COMPLAINT ABOUT WARD 4 COUNCILLOR KAREN REA) (16.23) [Section 239 (2) (b)]

Note: At the March 25, 2019 General Committee meeting, this matter was referred directly to the April 2, 2019 Council meeting for consideration.

14.2.2

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 2) (8.6) [Section 239 (2) (c)]

Note: At the March 25, 2019 General Committee meeting, the committee consented to place this item on the April 2, 2019 Council agenda for consideration.

14.2.3

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 6) (8.6) [Section 239 (2) (c)]

Note: At the March 25, 2019 General Committee meeting, the committee consented to place this item on the April 2, 2019 Council agenda for consideration.

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2019-41 be given three readings and enacted.

  Three Readings

  BY-LAW 2019-41 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL 2, 2019.
  No attachment

16.

ADJOURNMENT