Meeting No. 11

Requesting an approval from the City of Markham to designate the Markham Fair being held on September 27, 28, 29 and 30, 2018 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.

Carried

13-2018 SPECIAL OCCASION LIQUOR PERMIT APPLICATION – MARKHAM FAIR – 2018 MARKHAM CRAFT BEER & WINE FESTIVAL (WARD 6) (3.21)

Requesting an approval from the City of Markham to designate the 2018 Markham Craft Beer & Wine Festival being held on August 18 and 19, 2018 at 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 application of a Special Occasion Liquor Permit.

Carried

14-2018 SPECIAL OCCASION LIQUOR PERMIT APPLICATION - MARKHAM VILLAGE BIA (WARD 4) (3.21)

Requesting an approval from the City of Markham to extend their existing liquor licence for the outdoor areas created by using the sidewalks located directly in front of the establishment while the street is closed to vehicular traffic. The proposed extension will be utilized in conjunction with the events as follows:

The Markham Village Music Festival - Patio Extensions

(Friday, June 15, 2018: 4:00 PM – 11:00 PM)

(Saturday, June 16, 2018: 11:00 AM – 10:00 PM)

Establishments applying for special occasion permits during this event will include:

- Marca on Main, 96 Main Street North, Markham

- Azyun Restaurant, 144 Main Street North, Markham,

- Main’s Mansion Restaurant and Bar, 144 Main St. N., Markham

- Folco’s Restaurant, 42 Main St. N., Markham

- Lemon Bistro, 76 Main Street Markham N.

- Inspire Restaurant, 144 Main Street Markham N.

- Main Street Greek, 60 Main Street Markham N.

The Markham Village Music Festival - Patio Extensions

(Friday, June 15, 2018: 4:00 PM – Saturday, June 16, 2018 2:00 AM)

(Saturday, June 16, 2018: 11:00 AM – 10:00 PM)

- The Duchess of Markham, 53 Main Street only

The Markham Auto Classic

(Sunday, September 9, 2018 – 11:00 AM – 6:00 PM

- Marca on Main, 96 Main Street North, Markham

- Azyun Restaurant, 144 Main Street North, Markham

- The Duchess of Markham, 53 Main St. N. Markham, and

- Main’s Mansion Restaurant and Bar, 144 Main St. N., Markham

- Folco’s Restaurant, 42 Main St. N., Markham

- Inspire Restaurant, 144 Main Street Markham N.

- Lemon Bistro, 76 Main Street Markham N.

Carried

15-2018 SPECIAL OCCASION LIQUOR PERMIT APPLICATION – UNIONVILLE VILLAGE FESTIVAL (WARD 3) (3.21)

Requesting an approval from the City of Markham to designate the Unionville Village Festival being held on June 2, 2018 at the parking lot of the Unionville Curling Club, 257 Carlton Road and the Crosby Sports Field located at 210 Main Street, Unionville, 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 application of a Special Occasion Liquor Permit.

Carried

6. PROCLAMATIONS

(1) PROCLAMATIONS AND FLAG RAISING REQUESTS (3.4)

Moved by Regional Councillor Nirmala Armstrong

Seconded by Councillor Valerie Burke

1) That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:

- Pride Week (June 8 – 17, 2018)

- Indigenous People Day (June 21, 2018)

- International Day Against Drug Abuse and Illicit Trafficking (June 26, 2018)

- Markham Fair Week (September 24 – 30, 2018), and

2) That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:

- Indigenous Peoples History Month (June 2018)

3) That the following request for flag 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:

- Rainbow Flag (For Pride Week, June 8 to 17, 2018)

(Organized by York Region LGBT)

4) That the following new request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole be approved and added to the Five-Year List of Request to Raise Flag approved by Council:

- Eabametoong Flag (For Indigenous People Day (June 4 and June 21, 2018)

(Organized by City of Markham)

Carried

7(A) REPORT NO. 21 DEVELOPMEMT SERVICES COMMITTEE (MAY 14, 2018)

That the report of the Development Services Committee be received & adopted, except for Item Nos. 3, 4 and 5 (See Item Nos. 3, 4, and 5):

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

(1) ACCEPTANCE FOR MAINTENANCE OF PLANS OF SUBDIVISION
REGISTERED PLAN NUMBERS: 65M-4094, 65M-4375, 65M-4427
65M-4468, 65M-4218, 65M-4294 (WARDS 3, 5 AND 6) (10.7)

1) That the report entitled “Acceptance for Maintenance of Plans of Subdivision, Registered Plan Numbers: 65M-4094, 65M-4375, 65M-4427, 65M-4468, 65M-4218, 65M-4294” be received; and,

2) That the municipal services in Subdivision Registered Plan numbers 65M-4094, 65M-4375, 65M-4427, 65M-4468, 65M-4218, 65M-4294, be Accepted for Maintenance; and,

3) That the Acceptance for Maintenance Period commence as of February 01, 2018, which is the date the subdivisions were eligible for acceptance; and,

4) That the Community Services Commission accept the responsibility for operating and maintaining the municipal infrastructure within the subdivisions as part of the City’s asset; and,

5) That future operating budgets be adjusted to include the operations and maintenance of the above subdivisions; and,

6) That by-laws as shown on Attachment ‘G’, be enacted by Council to establish each of the roads within the subdivisions as a public highway of the City of Markham; and,

7) That the by-law as shown on Attachment ‘H’, to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be enacted; and,

8) That the by-law as shown on Attachment ‘I’, to amend Schedule ‘A’ of the Speed By-law #2017-104, by including a maximum speed of 40 kilometers per hour for the streets indicated, be enacted; and,

9) That the by-law as shown on Attachment ‘J’, to amend Schedule ‘B’ of the Speed By-law #2017-104, by including a maximum speed of 50 kilometers per hour for the streets indicated, be enacted; and,

10) That the by-law as shown on Attachment ‘K’, to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be enacted; and,

11) That the by-law as shown on Attachment ‘L’, to amend Schedule ‘D’ of the Parking of Vehicles By-law #2005-188, by including parking for a restricted period on the streets indicated, be enacted; and,

12) That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year Acceptance for Maintenance Period have been completed; and further,

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

(By-law 2018-42 – 2018- 52)

Carried

(2) REMOVAL OF PROPERTIES FROM THE MARKHAM REGISTER OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST (16.11)

1) That the staff report entitled “Removal of Properties from the Markham Register of Property of Cultural Heritage Value or Interest”, dated May 14, 2018, be received; and,

2) That the following properties formerly located within the Buttonville Heritage Study Area, but not included in the approved Buttonville Heritage Conservation District, be removed from the Markham Register of Property of Cultural Heritage Value or Interest:

a. 9181 Woodbine Avenue

b. 9191 Woodbine Avenue

c. 9201 Woodbine Avenue

d. 9211 Woodbine Avenue

e. 8 Chapel Place

3) That the property identified as 7715 Woodbine Avenue be removed from the Markham Register of Property of Cultural Heritage Value or Interest as it is an incorrect entry; and further,

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

Carried

(3) SMART COMMUTE MARKHAM, RICHMOND HILL
2017 OVERVIEW FOR CITY OF MARKHAM (5.10)

Presentation

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

1) That the presentation provided by Wincy Tsang, Manager, Smart Commute Markham, Richmond Hill Transportation Management Association (TMA) entitled “Smart Commute Markham, Richmond Hill Presentation”, at the May 14th, 2018 Development Services Committee, be received; and,

2) That staff be authorized to issue a purchase order to Smart Commute Markham, Richmond Hill for the amount of $75,000; and,

3) That the Regional Municipality of York, the Town of Richmond Hill and Smart Commute Markham, Richmond Hill be advised accordingly; and further,

4) That staff be authorized and directed to do all things necessary to give effect to this resolution

Carried

(4)        RECOMMENDATION REPORT:
            PHASE 3A OF MARKHAM’S
            NEW COMPREHENSIVE ZONING BY-LAW PROJECT
            – ROOMING HOUSES, SHORT-TERM ACCOMMODATIONS
            AND SECOND SUITES
            FILE NO. PR 13 128340 (10.5)

Presentation Report

Discussion on this matter ensued. Council consented to separate the proposed recommendation below, as amended, for voting purposes.

1) That the report dated May 14, 2018 titled, “RECOMMENDATION REPORT: Phase 3A of Markham’s New Comprehensive Zoning Bylaw Project – Rooming Houses and Short-Term Accommodations and Second Suites – File No. PR 13 128340” be received; and,

2) That the Draft Zoning By-law to define Rooming Houses attached to the Recommendation Report as Appendix ‘A’ be finalized and enacted without further notice; and,

3) That the proposed modifications to the 2014 City of Markham Official Plan to define and adopt the criteria as amended to remove the reference to townhouses for Rooming Houses be finalized and adopted without further notice; and,

4) That the proposed modifications to the 2014 City of Markham Official Plan attached to the Recommendation Report as Appendix ‘B’, and as amended to (a) define Short-term Accommodations; and (b) amend the definition of Short-term Accommodation from 180 days to 60 days, be finalized and adopted without further notice; and,

5) That the Draft Public Nuisance By-law attached as Appendix ‘D’ be approved and enacted without further notice; and,

6) That the Zoning By-law to define Short-term Accommodations attached to the Recommendation Report as Appendix 'E' be finalized and enacted without further notice; and,

7) That the Draft Registration By-law for Second Suites attached to the Recommendation Report as Appendix ‘F’ be finalized and enacted without further notice; and,

8) That the Draft Zoning By-law to permit Second Suites attached to the Recommendation Report as Appendix ‘G’ not be approved; and,

9) That the following proposed fee increases and new fees be referred back to staff for review based on cost recovery

Department

Fee

Current

Proposed

Fire

Two Unit Residential Inspection Fee

Two Unit Residential Registration Fee

Multiple Occupancy Residential Additional Re-inspection Fee

$339.50

$169.50

$508.50

$163.85/inspection

$1,800.00

$200.00

$2,000.00

$100.00/hour

By-Laws

Second Suite Property Inspection Fee

Second Suite Additional Re-Inspection Fee

None

$475.00

$100.00/hour

By-Laws

Short-term Accommodation Company Fee

Short-term Accommodation Licensing Fee

None

$5,000.00 one-time fee per company +$1/night booked

$50.00/operator/year

10) That Staff be authorized to do all things necessary to give effect to this resolution.

(By-laws 2018-53 – 2018-61)

Carried as amended

(See following original recommendation)

(See following motion to separate the recommendation for voting purposes)

(See following motion to amend Resolution Nos. 4 and 11)

(See withdrawn Resolution Nos. 5, 10, 12 and 13)

Resolution No. 1

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

That Resolution No. 1 be received and adopted.

Carried

Resolution Nos. 2, 3, 6, 7, 8, 9, and 14, carried by a recorded vote

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

That Resolution Nos. 2, 3, 6, 7, 8, 9, and 14, be received and adopted.

Carried by a recorded vote

Resolution Nos. 4 and 11, as amended, carried by a recorded vote

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

That Resolution Nos. 4 and 11, as amended, be received and adopted.

Carried as amended by a recorded vote

Resolution Nos. 5, 10, 12 and 13, be withdrawn

Council consented to withdraw Resolution Nos. 5, 10, 12 and 13.

Withdrawn

Resolution No. 2, carried by a recorded vote (12-1)

(See the following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

NAYS: Deputy Mayor Jack Heath

Resolution No. 3, carried by a recorded vote (13-0)

(See the following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

NAYS: None

Resolution No. 4, as amended, carried by a recorded vote (10-3)

(See the following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

NAYS: Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Colin Campbell

Resolution No. 6, carried by a recorded vote (9-4)

(See the following recorded vote)

YEAS: Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Alex Chiu.

NAYS: Councillor Valerie Burke, Regional Councillor Jim Jones, Deputy Mayor Jack Heath, Councillor Logan Kanapathi

Resolution No. 7, carried by a recorded vote (10-3)

(See the following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

NAYS: Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Colin Campbell,

Resolution No. 8, carried by a recorded vote (12-1)

(See the following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

NAYS: Councillor Colin Campbell

Resolution No. 9, carried by a recorded vote (7-6)

(See the following recorded vote)

YEAS: Councillor Alan Ho, Councillor Don Hamilton, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Amanda Collucci, Councillor Alex Chiu.

NAYS: Councillor Valerie Burke, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Deputy Mayor Jack Heath, Councillor Colin Campbell, Councillor Logan Kanapathi

Resolution No. 11, as amended, carried by a recorded vote (11-2)

(See the following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

NAYS: Councillor Karen Rea, Deputy Mayor Jack Heath

Resolution No. 14, carried by a recorded vote (11-2)

(See the following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

NAYS: Councillor Karen Rea, Regional Councillor Nirmala Armstrong

Motion to amend the proposed Resolution No. 4

Moved by Councillor Karen Rea

Seconded by Councillor Don Hamilton

That Resolution No. 4 be amended to amend the definition of Short–Term Accommodation in the Plan from 180 days to 60 days.

Carried by a recorded vote (8-5)

(See the following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Mayor Frank Scarpitti, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

NAYS: Councillor Alan Ho, Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Colin Campbell

Council had before it the following recommendation from the May 14, 2018 Development Services Committee meeting for consideration:

2) That the Draft Zoning By-law to define Rooming Houses attached as Appendix ‘A’ be finalized and enacted without further notice; and,

3) That the proposed modifications to the 2014 City of Markham Official Plan to define and adopt the criteria as amended to remove the reference to townhouses for Rooming Houses be finalized and adopted without further notice; and,

4) That the proposed modifications to the 2014 City of Markham Official Plan attached as Appendix ‘B’, as amended only to define Short-term Accommodations be finalized and adopted without further notice; and,

5) That the Draft Licensing By-law for Short-term Accommodations attached as Appendix ‘C’ be denied; and,

6) That the Draft Public Nuisance By-law attached as Appendix ‘D’ be approved in principle and enacted as soon as possible without further notice; and,

7) That a Zoning By-law only to define Short-term Accommodations attached be finalized and enacted without further notice; and,

8) That the Draft Registration By-law for Second Suites attached as Appendix ‘F’ be finalized and enacted without further notice; and,

9) That the Draft Zoning By-law to permit Second Suites attached as Appendix ‘G’ be denied; and,

10) That Council deny an increase in the Fire Department full-time complement, for the hiring of one additional Fire Prevention Officer and associated vehicle; and,

11) That the proposed fee increases and new fees be referred to the May 29, 2018 Council meeting as follows;

Department

Fee

Current

Proposed

Fire

Two Unit Residential Inspection Fee

Two Unit Residential Registration Fee

Multiple Occupancy Residential Additional Re-inspection Fee

$339.50

$169.50

$508.50

$163.85/inspection

$1,800.00

$200.00

$2,000.00

$100.00/hour

By-Laws

Second Suite Property Inspection Fee

Second Suite Additional Re-Inspection Fee

None

$475.00

$100.00/hour

By-Laws

Short-term Accommodation Company Fee

Short-term Accommodation Licensing Fee

None

$5,000.00 one-time fee per company +$1/night booked

$50.00/operator/year

12) That during the next Fee By-law update, the Building Department review and adjust their Accessory Apartment Fee as necessary, to achieve full administrative cost recovery, based on volume, in accordance with the Building Code Act subject to Council decision of the fee schedule; and,

13) That staff monitor the volumes and impacts of Second Suites and Short-term Accommodations and, if necessary, bring forward changes to staffing levels and/or fees to attempt to maintain full administrative cost recovery when deemed appropriate; and further,

14) That Staff be authorized to do all things necessary to give effect to this resolution.

(5) ACCEPTANCE OF EXCESS SOIL
FOR PARK CONSTRUCTION (6.3)

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

1) That the report entitled “Acceptance of Excess Soil for Park Construction”, dated May 14, 2018, be received; and,

2) That the Director of Planning and Urban Design be authorized to execute agreements with land developers to permit excess soil from greenfield residential development sites to be delivered to City-owned lands and to be used for park construction purposes which shall include terms and conditions relating to compensation to the City, as well as appropriate environmental procedures, provided that the form and content of such agreement is acceptable to the City Solicitor and the Director of Engineering; and,

3) That the Director of Planning and Urban Design and Treasurer be authorized to negotiate the compensation payable by developers who enter into agreements with the City to transport excess soil on to City lands as described in Recommendation #2; and further,

4) That staff be directed to report back semi-annually on the outcomes of this program.

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

Carried

Council consented to amend the recommendation by adding the following clause:

"That staff be directed to report back semi-annually on the outcomes of this program."

(6) PUBLIC ART MASTER PLAN
TERMS OF REFERENCE (6.5)

1) That the report titled, “Public Art Master Plan Terms of Reference” be received; and,

2) That Council approve the Public Art Master Plan Terms of Reference and direct Staff to release a Request For Quotations (RFQ); and,

3) That the total cost of the Public Art Master Plan Terms of Reference to maximum of $70,000 be funded from the 2017 Public Art Program capital account 510-101-5699-17019; and further,

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

Carried

(7)        MUNICIPAL ROAD TRANSFER – ELGIN MILLS ROAD
            TRANSFER AND DONALD COUSENS PARKWAY EXTENSION
            TRANSPORTATION PLANNING STUDY (WARDS 2, 5 AND 6) (5.10)

1) That the May 14, 2018 Report entitled “Municipal Road Transfer – Elgin Mills Road and Donald Cousens Parkway Extension Transportation Planning Study” be received; and,

2) That York Region be requested to assume Elgin Mills Road between Victoria Square Boulevard and York-Durham Line in the City of Markham into the York Region road system; and,

3) That Staff be authorized to engage York Region to jointly evaluate and address related environmental and financial matters necessary for the transfer of Elgin Mills Road into the York Region road system as per the Regional Road Assumption Policy Update (June 2014); and,

4) That Staff be authorized to engage York Region to conduct a joint Donald Cousens Parkway Extension transportation planning study in 2019 to re-assess the Regional function of Donald Cousens Parkway Extension and 19th Avenue; and,

5) That, upon completion of the Elgin Mills Road evaluation and the Donald Cousens Parkway transportation study, staff be directed to report back, on findings and recommendations; and further,

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

Carried

7(B) REPORT NO. 22 GENERAL COMMITTEE (MAY 22, 2018)

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

That the report of the General Committee be received and adopted. (Items 1 to 9):

(1) TAX WRITE-OFFS IN ACCORDANCE
WITH SECTION 354 OF THE MUNICIPAL ACT, 2001 (7.3)

1) That the report entitled Tax Write-offs in Accordance with Section 354 of the Municipal Act, 2001 be received; and,

2) That taxes totaling $116,496 as set out in this report, of which the City’s portion is $29,269 be written-off pursuant to the provisions of Section 354 of the Municipal Act, 2001; and,

3) That the Treasurer be directed to remove the taxes from the Collector’s Roll; and,

4) That the Markham portion of the taxes be charged to Tax Write-off Account 820-820-7040; and,

5) That the associated interest be cancelled in proportion to the tax adjustments; and further,

6) That staff be authorized to and directed to do all things necessary to give effect to this resolutions.

Carried

(2) CANCELLATION, REDUCTION OR REFUND
OF TAXES UNDER SECTION 357 AND 358
OF THE MUNICIPAL ACT, 2001 (7.3)

1) That the Report for the Cancellation, Reduction or Refund of Taxes under Sections 357 and 358 of the Municipal Act, 2001 be received; and,

2) That taxes totalling approximately $481,295 be adjusted under Section 357 of the Municipal Act, 2001 of which the City’s portion is estimated to be $73,923; and,

3) That the associated interest be cancelled in proportion to the tax adjustments; and,

4) That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,

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

Carried

(3) 2018 TAX RATES AND LEVY BY-LAW (7.3)

1) That the report entitled “2018 Tax Rates and Levy By-law” be received; and,

2) That a by-law to provide for the levy and collection of property taxes totalling $699,825,134 required by the City of Markham, The Regional Municipality of York, Province of Ontario and Business Improvement Areas, in a form substantially similar to Appendix A (attached), satisfactory to the City Solicitor and provides for the mailing of notices and requesting payment of taxes for the year 2018, as set out as follows, be approved;

Taxation Category	2018 Levy Amount
City of Markham	$152,420,832
Region of York	$308,495,951
School Boards	$238,463,047
Markham Village BIA	$239,322
Unionville BIA	$205,982
Total	$699,825,134

; and,

3) That staff be authorized to levy against Markham Stouffville Hospital and Seneca College the annual levy pursuant to Section 323 of the Municipal Act, 2001, as outlined in Section 9 of the attached by-law once the required information is received from the Ministry of Training, Colleges and Universities; and,

4) That the attached by-law be passed to authorize the 2018 Tax Rates and Levy By-law; and further,

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

(By-law 2018-62)

Carried

(4) DEVELOPMENT CHARGES DECEMBER 31, 2017
RESERVE BALANCES AND ANNUAL
ACTIVITY OF THE ACCOUNTS (7.11)

Report Schedules A-F

1) That the report titled “Development Charges December 31, 2017 Reserve Balances and Annual Activity of the Accounts” be received by Council as required under Section 43(1) of the Development Charges Act, 1997, as amended; and,

2) That staff be directed to do all things necessary to give effect to this report.

Carried

(5) MARKVILLE MALL SHOPPING CENTRE
- AUTHORIZATION TO EXECUTE A DEVELOPMENT
CHARGES PREPAYMENT AGREEMENT (7.11)

Report Appendix A

1) That the report entitled “Markville Mall Shopping Centre – Authorization to Execute a Development Charges Prepayment Agreement” be received; and,

2) That Council authorize the execution of a Prepayment Agreement with Cadillac Fairview for approximately 3,469 m² (37,340 sq. ft.) of retail gross floor area at the Markville Mall Shopping Centre located at 5000 Highway 7 East, to be completed after the issuance of the building permit for the automobile dealership and provided that the gross floor area of the dealership exceeds 3,884 m² (i.e. 50% of redevelopment credit); and,

3) That Cadillac Fairview be allowed to utilize remaining development charges redevelopment credits estimated at 3,469 m² (37,340 sq. ft.) for non-residential development only, as a part of the Prepayment Agreement, on condition that a building permit for additional gross floor area at 5000 Highway 7 East be issued by October 17, 2024, otherwise Cadillac Fairview will be required to pay development charges on the entire gross floor area of any addition, at the prevailing rates; and,

4) That Cadillac Fairview be required to pay development charges at the prevailing rates for any shortfall in gross floor area (from 3,469 m²) not approved through the issuance of a building permit by October 17, 2024; and,

5) That the Mayor and Clerk be authorized to execute a Prepayment Agreement for 3,469 m² of retail gross floor area with Cadillac Fairview, or their successors in title, to the satisfaction of the Treasurer and City Solicitor; and further,

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

Carried

(6) AWARD OF PROPOSAL 062-R-16 SUPPLY
AND IMPLEMENTATION OF A PROGRAM
ADMINISTRATION FACILITY BOOKING
SYSTEM (PAFBS) WITH POINT OF SALE (POS) (7.12)

1) That the report entitled “Award of Proposal 062-R-16 Supply and Implementation of a Program Administration Facility Booking System (PAFBS) with Point of Sale (POS)” be received; and,

2) That the contract for 062-R-16 Supply and Implementation of a Program Administration Facility Booking System (PAFBS) with Point of Sale (POS) be awarded to the highest ranked/second lowest priced bidder, Legend Recreation Software in the amount of $2,138,531.45 inclusive of HST, of which $674,445.76 is for the software and implementation costs and $1,464,085.69 is for seven years of support and maintenance; and,

3) That a 10% contingency in the amount of $67,444.58 inclusive of HST, be established to cover any additional project costs be approved, and that authorization be granted to approve expenditures of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,

4) That the software and implementation costs and contingency amount be funded from the following capital projects; #13812 “Payment Card Industry Compliance - Phase 1 of 3”, #14086 – “Payment Card Industry Compliance (PCI) - Phase 2 of 3”, #15081 “Registration System (Class) Replacement/Upgrade” and #17060 “Registration System (Class) Replacement/Upgrade” in the amount of $741,890.34 ($674,445.76 + $67,444.58) inclusive of HST, with a combined available budget of $814,842.00; and,

5) That capital projects; #13812 “Payment Card Industry Compliance - Phase 1 of 3”, #14086 – “Payment Card Industry Compliance (PCI) - Phase 2 of 3”, #15081 “Registration System (Class) Replacement/Upgrade” and #17060 “Registration System (Class) Replacement/Upgrade” shall be consolidated under capital project #17060 “Registration System (Class) Replacement/Upgrade”; and,

6) That the remaining budget in Project #17060, “Registration System (Class) “Replacement/Upgrade” in the amount of $72,951.66 be returned to the original funding source; and,

7) That the software support and maintenance fee in the amount of $1,464,085.69 inclusive of HST over a seven year (Year 2 to 8) term be funded from #400-400-5361 with an available budget of $120,000, subject to Council approval of the 2020-2026 operating budgets in the amounts of;

Year 2 (2020) - $202,522.72

Year 3 (2021) - $206,705.30

Year 4 (2022) - $210,971.53

Year 5 (2023) - $210,971.53

Year 6 (2024) - $210,971.53*

Year 7 (2025) - $210,971.53*

Year 8 (2026) - $210,971.53*

Total - $1,464,085.69

*Optional Year Renewal; and,

8) That the current operating budget shortfall in the amount of $82,522.72 ($120,000 – $202,522.72) in Year 2 will be addressed as part of the 2020 and future operating budget processes, subject to Council approval of the 2020 to 2026 operating budgets; and,

9) That Legend Recreation Software be designated as the preferred vendor for the City’s Program Administration Facility Booking System (PAFBS) with Point of Sale (POS); and,

10) That the Chief Information Officer be authorized to approve the annual support and maintenance fee subject to Council approval of the annual Operating Budget; and, further,

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

Carried

(7) MARKHAM’S MUNICIPAL ENERGY PLAN (5.7)

Presentation Appendix 1

1) That the presentation by Mr. Graham Seaman, Director, Sustainability & Asset Management entitled “Markham’s Municipal Energy Plan,” be received; and,

2) That Appendix 1 “Getting to Zero – City of Markham’s Municipal Energy Plan” be received; and,

3) That the City wide goal of net zero emissions by 2050 be endorsed in principle, meaning that to achieve this goal Markham will:

• Use less energy

• Generate more local renewable energy

• Switch away from fossil fuels

• Offset remaining emissions; and,

4) That Staff report back within 18 months with a progress update; and further,

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

Carried

(8) 2018 FIREFIGHTER MEMORIAL (7.15)

Presentation

1) That the presentation by Fire Chief Dave Decker and Mr. Jeremy Action, MPPFA President, entitled “2018 Firefighter Memorial,” be received; and,

2) That Council accepts the donation from the MPPFA with thanks; and,

3) That the Commissioner of Community & Fire Services reports back on the process for induction of firefighters and related protocols and policies undertaken collaboratively by both the MPFFA and the City; and further,

4) That the Council Subcommittee of the Land, Buildings & Parks Committee continue to work with staff on the final site details in order to have the project completed by the end of the summer with the official unveiling planned for the fall.

Carried

(9) WASTE MANAGEMENT
COLLECTION CONTRACT EXTENSION (5.1)

1) That the report entitled “Waste Management Collection Contract Extension’ be approved; and,

2) That the Request for Proposal process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (c), Non Competitive Procurement, when the extension of an existing contract would prove more cost-effective or beneficial; and,

3) That Council approve a one plus one year contract extension (one year term, with an option to renew for one year at the sole discretion of the City) for residential curbside collection services with Miller Waste Systems effective December 1, 2018 to November 30, 2020:

a. Year 1 (December 1, 2018 to November 30, 2019) at an estimated cost of $8,200,838.40 inclusive of HST, subject to change based on actual growth and fuel escalation; and

b. Year 2 (December 1, 2019 to November 30, 2020) (if applicable) will be adjusted based on growth, Consumer Price Index (CPI) Ontario All-Items, excluding energy (September to September) increase and fuel escalation; and,

4) That Council approve an annual equipment escalation payment to Miller Waste Systems at a fixed amount of $199,433.32 (no CPI or fuel escalation adjustment) for year 1 and year 2 of the contract extension; and,

5) That Council approve a one plus one year contract extension (one year term, with an option to renew for one year at the sole discretion of the City) for multi-residential collection services with Miller Waste Systems effective December 1, 2018 to November 30, 2020:

• Year 1 (December 1, 2018 to November 30, 2019) at an estimated cost of $759,737.82 inclusive of HST, subject to change based on actual growth and CPI increase; and

• Year 2 (December 1, 2019 to November 30, 2020) (if applicable) will be adjusted based on growth and CPI increase; and,

6) That the total contract award for year 1 (December 1, 2018 to November 30, 2019) in the amount of $9,160,009.54 ($8,200,838.40 + $759,737.82 + $199,433.32) be awarded to Miller Waste Systems; and,

7) That the award will be funded from the annual waste management operating budget with a 2018 budget of $8,213,658; and,

8) That the budget shortfall in the amount of $946,351.54 ($9,160,009.54-$8,213,658.00) be included as part of the 2019 Operating budget, subject to Council approval of the 2019 Operating budget; and,

9) That the Mayor and Clerk be authorized to execute the contract extension agreement to the satisfaction of the Commissioner of Community & Fire Services and the City Solicitor; and further,

10) That further, that Staff be authorized and directed to do all things necessary to give effect to this resolution.

Carried

7(C) REPORT NO. 23 SPECIAL DEVELOPMENT SERVICES COMMITTEE
(MAY 22, 2018)

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

That the report of the Special Development Services Committee be received and adopted. (1 Item):

(1)        RECOMMENDATION REPORT:
            PHASE 3A OF MARKHAM’S
            NEW COMPREHENSIVE ZONING BY-LAW PROJECT
            – ROOMING HOUSES, SHORT-TERM ACCOMMODATIONS
            AND SECOND SUITES
            FILE NO. PR 13 128340 (10.5)

Presentation

1) That the presentation dated May 22, 2018 titled, “Phase 3A – Rooming Houses, Short-Term Accommodations, and Second Suites" be received.

Carried

8. MOTIONS

There were no motions.

9. NOTICE OF MOTION TO RECONSIDER

There were no notice of motions to reconsider.

10. NEW/OTHER BUSINESS

There were no new/ other business.

11. ANNOUNCEMENTS

There were no announcements.

12. BY-LAWS

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

That By-laws 2018-42 to 2018-57, and 2018-60 to 2018-64 be given three readings and enacted. That By-laws 2018-58 and 2018-59 be withdrawn.

Carried

Three Readings

BY-LAW 2018-42 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY SYSTEM – FAIRGLEN HOMES LTD.

A by-law to adopt Tannis Street and Cynthia Jean Street for public use and declared to be and form part of the City of Markham highway system.

(Item 1, Report No. 21)

Carried

BY-LAW 2018-43 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY SYSTEM – WYKLAND ESTATES INC.

A by-law to adopt Almira Avenue, Bittersweet Street, Black Creek Drive, Church Street, Cinemark Avenue, Cornell Centre Boulevard, Cornell Park Avenue, Cornwall Drive, Demott Avenue, Diamond Jubilee Drive, Donald Sim Avenue, Raven Cross Avenue, Riverlands Avenue, Stone Jug Avenue, The Meadows Avenue and the Lanes for public use and declared to be and form part of the City of Markham highway system

(Item 1, Report No. 21)

Carried

BY-LAW 2018-44 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY SYSTEM – WYKLAND ESTATES INC.

A by-law to adopt Couloir Drive, Diamond Jubilee Drive, Donald Sim

Avenue, Lawrence Pilkington Avenue and the Lanes for public use

and declared to be and form part of the City of Markham highway system.

(Item 1, Report No. 21)

Carried

BY-LAW 2018-45 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY SYSTEM – MACKENZIE BUILDERS & DEVELOPERS LTD

A by-law to adopt Collier Crescent, Hammersly Boulevard and Titus Street for public use and declared to be and form part of the City of Markham highway system.

(Item 1, Report No. 21)

Carried

BY-LAW 2018-46 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY SYSTEM – HUMBOLD PROPERTIES LIMITED

A by-law to adopt Delray Drive and Jeffrey Nihda Crescent for public use and declared to be and form part of the City of Markham highway system.

(Item 1, Report No. 21)

Carried

BY-LAW 2018-47 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY SYSTEM – 1771107 Ontario Inc

A by-law to adopt Birchmount Road, Rougeside Promenade and Uptown Drive for public use and declared to be and form part of the City of Markham highway system.

(Item 1, Report No. 21)

Carried

BY-LAW 2018-48 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71

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

(Item 1, Report No. 21)

Carried

BY-LAW 2018-49 A BY-LAW TO AMEND SPEED BY-LAW 2017-104

To establish a maximum speed limit of 40 kilometres per hour on specific streets within the City of Markham.

(Item 1, Report No. 21)

Carried

BY-LAW 2018-50 A BY-LAW TO AMEND SPEED BY-LAW 2017-104

To establish a maximum speed limit of 50 kilometres per hour on specific streets within the City of Markham.

(Item 1, Report No. 21)

Carried

BY-LAW 2018-51 A BY-LAW TO AMEND PARKING BY-LAW 2005-188

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

(Item 1, Report No. 21)

Carried

BY-LAW 2018-52 A BY-LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule D of the Parking By-law pertaining to “Parking for a Restricted Period”.

(Item 1, Report No. 21)

Carried

BY-LAW 2018-53 A BY-LAW TO AMEND BY-LAWS 1229, 1442, 1507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 84-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 19-94, 177-96, and 2004-196, as amended, to define Rooming Houses.

(Item 4, Report No. 21)

Carried

BY-LAW 2018-54 SHARED HOUSING – ROOMING HOUSE AND SHORT TERM ACCOMMODATION, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 2014), AS AMENDED

A by-law to adopt an Official Plan Amendment to the in force Official
Plan (Revised 2014), as amended, to provide a specific use policies for shared housing in the form of a rooming house; and a definition for short term accommodation and principle residence.

(Item 4, Report No. 21)

Carried as amended

BY-LAW 2018-55 A BY-LAW TO PROHIBIT AND REGULATE PUBLIC NUISANCES

(Item 4, Report No. 21)

Carried

BY-LAW 2018-56 A BY-LAW TO AMEND BY-LAWS 1229, 1442, 507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 84-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 19-94 and 177-96, as amended to define Short-Term Accommodations.

(Item 4, Report No. 21)

Carried

BY-LAW 2018-57 A BY-LAW TO REGISTER SECOND SUITES

(Item 4, Report No. 21)

Carried

BY-LAW 2018-58 A BY-LAW TO AMEND BY-LAWS 1229, 1442, 1507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 84-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 19-94 and 177-96, as amended to define Second Suites. (WITHDRAWN)

(Item 4, Report No. 21)

Withdrawn

BY-LAW 2018-59 A BY-LAW TO AMEND BY-LAW 2002-276, BEING A BY-LAW TO IMPOSE FEES OR CHARGES FOR SERVICES OR ACTIVITIES PROVIDED OR DONE BY THE CITY OF MARKHAM (WITHDRAWN)

A By-law to amend Schedule A pertaining to residential inspection and registration fees.

(Item 4, Report No. 21)

Withdrawn

BY-LAW 2018-60 A BY-LAW TO AMEND BY-LAW 2012-137, BEING A BY-LAW TO IMPOSE FEES OR CHARGES FOR SERVICES OR ACTIVITIES PROVIDED OR DONE BY THE CITY OF MARKHAM

A By-law to amend the “property standards” fee on Schedule “A” pertaining to nuisance enforcement fee.

(Item 4, Report No. 21)

Carried

BY-LAW 2018-61 A BY-LAW TO AMEND BY-LAW 2012-137, BEING A BY-LAW TO IMPOSE FEES OR CHARGES FOR SERVICES OR ACTIVITIES PROVIDED OR DONE BY THE CITY OF MARKHAM

A By-law to amend the “property standards” fee on Schedule “A” pertaining to secondary suite fee.

(Item 4, Report No. 21)

Carried

BY-LAW 2018-62 2018 TAX RATES AND LEVY BY-LAW

(Item 3, Report No. 22)

Carried

BY-LAW 2018-63 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 BEING A BY-LAW TO GOVERN AND CONTROL THE PARKING OF VEHICLES IN THE CITY OF MARKHAM

Amendments to Parking By-law

Carried

BY-LAW 2018-64 A BY-LAW TO AMEND BY-LAW 2015-93 BEING A BY-LAW TO IMPLEMENT AN ADMINISTRATIVE MONETARY PENALTY SYSTEM IN MARKHAM FOR PARKING OFFENCES

Amendments to AMPS By-law

(1) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARDS/COMMITTEES RESIGNATIONS AND APPOINTMENTS) (16.24)

Carried

13. CONFIDENTIAL ITEMS

Council consented to not resolve into private session to discuss the following confidential matter:

Council May 29, 2018

[Section 239 (2) (b)]

The confidential items were approved by Council as follows:

1. APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.24)

Moved by Councillor Don Hamilton

Seconded by Deputy Mayor Jack Heath

1) That the following person be appointed to the Heintzman House Community Centre Board:

Name Term

Troy Merrick November 30, 2021

2) That the following person be appointed to the Markham-Milliken Children’s Festival Committee:

Name Term

Prem Kapur November 30, 2021

3) That the following persons be appointed/re-appointed to the Historical Unionville Community Vision Committee:

Name Term

Bill Bilkas November 30, 2021

Joseph Cimer November 30, 2021

Carried

14. CONFIRMATORY BY-LAW

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

That By-law 2018-41 be given three readings and enacted.

Three Readings

BY-LAW 2018-41 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 29, 2018.