Council Minutes

Meeting Number: 21
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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
  • Brenda Librecz, Commissioner, Community & Fire Services
  • Arvin Prasad, Commissioner, Development Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Brian Lee, Director, Engineering
  • Biju Karumanchery, Director, Planning & Urban Design
  • Joel Lustig, Treasurer
  • Bryan Frois, Chief of Staff
  • Mary Creighton, Director, Recreation Services
  • Andrea Berry, Sr. Manager, Corp Comm & Community Engagement
  • Hersh Tencer, Senior Manager, Real Property, Legal Services
  • Kimberley Kitteringham, City Clerk
  • Martha Pettit, Deputy City Clerk
  • John Wong, Technology Support Specialist II
  • Michael Toshakovski, Deputy City Solicitor
  • Ronald Blake, Senior Manager, Development, Planning & Urban Design
  • Francesco Santaguida, Assistant City Solicitor
  • Shane Manson, Senior Manager, Revenue & Property Taxation
  • David Miller, Manager, Development, Planning & Urban Design
  • Jay Pak, Senior Financial Analyst
  • Matthew Vetere, Manager, Budgeting
  • Graham Seaman, Director, Sustainability & Asset Management

Alternate formats for this document are available upon request


The meeting of Council convened at 1:11 PM on December 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.

 

Council recessed at 3:00 pm and reconvened at 3:07 pm.

 

  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Keith Irish
    1. That the Minutes of the Council Meeting held on November 26, 2019, be adopted.
    Carried

Joel Lustig, Treasurer made a presentation on the proposed installation and operation of seasonal tennis bubbles.

The following individuals addressed Council on this matter:

  1. Michael Gannon spoke in opposition of the proposal.
  2. Harry Eaglesham spoke in support of the proposal.
  3. David Gervan spoke in support of the proposal.
  4. Elisabeth Tan spoke in support of the proposal.
  5. Scott Fraser spoke in support of the proposal.

(See Item 8.2.4, Report 45 for Council's decision on this matter.)

The following individuals addressed Council on this matter:

  1. Christiane Bergauer-Free spoke in opposition of the tree removal.
  2. Karl Koehn, homeowner, spoke on the matter citing safety concerns.

(See Item 11.2 for Council's decision on this matter.)

  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the request for the City of Markham to complete the Municipal Information Form be received for information.
    Carried
  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the memorandum dated  November 29, 2019 from the Commissioner of Development Services regarding the Hold Removal for Forest Bay Homes Ltd., 6350 Steeles Avenue, East, be received.
    Carried
  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the communication dated December 5, 2019 from Goodmans LLP regarding the Ladies Golf Club of Toronto, be received.

    (See Item 8.1.1, Report 44, for Council's decision on this matter.)

    Carried
  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the communication dated December 9, 2019 from Michael Mestyan of Tridel regarding the Ladies Golf Club of Toronto, be received.

    (See Item 8.1.1, Report 44 for Council's decision on this matter.)

    Carried
  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine

    That the following communications be received:

    1. Email dated December 8, 2019 from Anthony Tan, providing comments.
    2. Email dated December 9, 2019 from Harry Eaglesham, providing comments.
    3. Email dated December 10, 2019 from Yves Struyven, providing comments.
    4. Email dated December 10, 2019 from Tracy Whelan, providing comments.
    5. Email dated December 10, 2019 from Michael Gannon, providing comments.
    6. Email dated Decmeber 10, 2019 from Johana Schneider, providing comments.
    7. Email dated December 10, 2019 from Christian Schneider, providing comments.
    8. Email dated December 10, 2019 from Santina, Cristina, Lorenzo, Luca, Massimo and Frank Spano, providing comments.

    (See Item 8.2.4, Report 45 for Council's decision on this matter.)

    Carried
  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Karen Rea
    1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
      1. Nanjing Massacre Day - December 13, 2019.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish

    That the report of the Development Services Committee be received & adopted, save and except for item 8.1.1.

    (See item 8.1.1 for Council's decision on this matter.)

    Carried

TO PERMIT A TWELVE STOREY RESIDENTIAL BUILDING AND A FOURTEEN STOREY RESIDENTIAL BUILDING ON THE SOUTH EAST SIDE OF ROYAL ORCHARD, WEST OF BAYVIEW AVENUE (7859 YONGE STREET) FILE NOS. OP/ZA 18 171600 AND SPC 18 256868 (WARD 1) (10.3, 10.5)

 

Discussion on this matter ensued around transportation improvements towards the Royal Orchard expansion. Council consented to hear from Michael Mestyan of Tridel, and Jim Baird of Liberty Development, on this matter.

  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the report titled “The Ladies’ Golf Club of Toronto, Applications by 2526574 Ontario Limited (Tridel) for Official Plan and Zoning By-law Amendments and Site Plan Approval to permit a twelve storey residential building and a fourteen storey residential building on the south east side of Royal Orchard, west of Bayview Avenue (7859 Yonge Street) File Nos. OP/ZA 18 171600 and SPC 18 256868 (Ward 1)” be received; and,
    2. That the deputations made by Joan Anderton on behalf of the Ladies' Golf Club of Toronto Board of Directors, Ted Langdon, Eric Lakien, John McIntosh, Alena Gotz on behalf of the Aileen-Willowbrook Residents Ratepayers Association, Evelin Ellison on behalf of the Ward One South Residents Ratepayers Association, Joan Feng on behalf of Brian Korson, Alena Gotz on behalf of Roman Komarov, Mia Poscente on behalf of the Royal Orchard Ratepayers Association, and Pam McLennan be received; and,
    3. That the written communications submitted by Mia Poscente on behalf of the Royal Orchard Ratepayers Association, Gareth Stackhouse, Fogler Rubinoff LLP, on behalf of the Landmark Shared Facilities Committee, and Peter Rawson be received; and, 
    4. That the proposed amendment to the 2014 Markham Official Plan, attached as Appendix ‘A’, be finalized and approved; and,
    5. That the amendments to Zoning By-laws 2150 and 177-96, as amended be approved and the draft implementing Zoning By-law, attached as Appendix ‘B’, be finalized and enacted, without further notice; and,
    6. That the Site Plan application by The Ladies’ Golf Club of Toronto be endorsed in principle, subject to the Conditions attached as Appendix ‘C’ and that Site Plan approval be delegated to the Director of Planning and Urban Design or his designate; and,
    7. That site plan endorsement shall lapse after a period of three (3) years from the date of Staff endorsement, in the event that the site plan agreement is not executed within that period; and,
    8. 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 attached as Appendix ‘B’ to this report, before the second anniversary of the day on which the by-law was approved by Council; and,
    9. That servicing allocation for one hundred seventy three (173) dwelling units be assigned to the subject development; and,
    10. That the City reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner; and,
    11. That Council authorizes the City to enter into an agreement with the developer, to share the costs associated with municipal service upgrades required along Royal Orchard Boulevard, to accommodate the development of the “Subject Lands” for high rise residential condominium buildings, to the satisfaction of the CAO and the City Solicitor; and,
    12. That the site plan agreement include a provision requiring the Owner to contribute to the hard and soft costs of design and construction of a partial signalized intersection at Royal Orchard or an equivalent amount to the area transportation improvements to the satisfaction of the Director of Engineering, and further,
    13. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    (By-law 2019-131 and 2019-132)

    Carried as Amended
  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Jim Jones

    Council amended the resolution by adding the following clause:

    "That the site plan agreement include a provision requiring the Owner to contribute to the hard and soft costs of design and construction of a partial signalized intersection at Royal Orchard or an equivalent amount to the area transportation improvements to the satisfaction of the Director of Engineering,"

     

     

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That Council endorse the recommendations from the May 8, 2019 Friends of the Markham Museum Board Extract:

    "THAT the list of artifacts for deaccession (attachment C) from the Saw Mill and Honey House Collection (in Chapman House) be approved for acceptance and submitted to the City of Markham for final approval."

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes

    That the report of the General Committee be received & adopted, save and except for Item No. 8.2.4.

    (See Item No. 8.2.4 for Council's decision on this matter.)

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    1. That the report entitled “Award of Tender for the Supply and Delivery of Unleaded Fuel (E10) and Biodiesel Fuel (B5 & B20) for a term of 5 years (2020-2024); and,

    2. That the contract for Tender 160-T-19 Supply and Delivery of Unleaded Fuel (E10) be awarded to the lowest priced bidder, Suncor Energy Products Partnership, in the estimated annual amount of $489,039.00, inclusive of HST; and,

    3. That the contract for Tender 160-T-19 Supply and Delivery of Biodiesel Fuel (B5 & B20) be awarded to the lowest priced bidder, Suncor Energy Products Partnership, in the estimated annual amount of $369,522.00, inclusive of HST and,

    4. That the term of the contract be 5 years (January 1, 2020 – December 31, 2024); and,

    5. That the 2020 estimated costs of $858,561.00 ($489,039.00 + $369,522.00) be funded from accounts as listed in the Financial Considerations section; and,

    6. That the Purchase Order be adjusted in the future years up to the approved operating budget as approved by Council; and further,

    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    1. That the report dated December 2, 2019 titled “Status of Capital Projects as of October 31, 2019” be received; and,
    2. That the amount of $2,286,734 from the closure of capital projects be transferred to the sources of funding as listed on Exhibit A; and,
    3. That the closure of projects as outlined on Exhibit B and C be approved; and
    4. That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $971,256 to the approved amount of $250,000; and,
    5. That the Engineering Capital Contingency Project be topped up from the City-Wide Hard Development Charges Reserve by $67,679 to the approved amount of $100,000; and,
    6. That the Design Capital Contingency Project be topped up from the Development Charges Reserve by $99,952 to the approved amount of $100,000; and,
    7. That the Planning Capital Contingency Project be topped up from the Development Charges Reserve by $8,987 to the approved amount of $50,000; and,
    8. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $27,731 to the approved amount of $100,000; and,
    9. That the following new capital projects, initiated subsequent to the approval of the 2019 capital budget, be received:

    19285 – Yonge Street Highway 7 Transit Planning Advisory – Budget of $25,000 funded from Development Charges Reserve.

    19289 – Supply and Install Oil/Water Separator – Fire Station 94 – Budget of $20,000 funded from the Non-DC Capital Contingency.

    19290 – Centennial Community Centre Fan Wheel – Budget of $23,073 funded from the Non-DC Capital Contingency.

    19292 – Berczy Park Washroom Renovation – Budget of $20,148 funded from the Non-DC Capital Contingency.

    19297 – Pan Am Daktronics – Budget of $77,826 funded from the Non-DC Capital Contingency, and further,

    10. 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 Andrew Keyes
    1. That the report entitled ‘Waste Management Collection Services Contract’ be received; and,
    2. That Staff be authorized to issue a ‘Request for Proposal” (RFP) for the provision of long-term residential and multi-residential waste management collection services for the City of Markham; and,
    3. That the contract be developed with the Chief Administrative Officer, Legal staff, Finance staff, and Environmental Services staff; and,
    4. That Staff report back to Council on the RFP results and subsequent process to finalize a long-term contract for waste management collection services; and further, 
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Joel Lustig, Treasurer, gave a presentation on this matter immediately following consideration of item 11.1. 

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Khalid Usman
    1. That the confidential report entitled “Installation and Operation of two Seasonal Tennis Bubbles over the Tennis Courts at Reesor Park” be received; and,
    2. That Council approve the execution of a lease agreement with a new corporation to be incorporated by Karl Hale (the “Tenant”) over a 25 year period from October 2020 to April 2045 to acquire, install, operate and maintain two seasonal tennis bubbles over the tennis courts at Reesor Park annually for 7 months from early October to the end of April; and,
    3. That a new capital project be established for the City’s portion of infrastructure costs in the amount of $936,300 (inclusive of HST) to be funded 90% from Development Charges and 10% from the Non-Development Charges growth reserve, to be fully offset by annual lease revenue; and,
    4. That the Mayor and Clerk be authorized to execute a lease agreement with the Tenant for the lease by the City to the Tenant of that part of Reesor Park forming the existing tennis courts and clubhouse (the “Lands”) for the installation, operation, and maintenance of tennis bubbles on terms acceptable to the Chief Administrative Officer, provided the form of such lease agreement is satisfactory to the City Solicitor and the Chief Administrative Officer (the “Lease”) and,
    5. That Council support, in principle, the designation of the proposed tennis bubbles to be installed and operated by the Tenant pursuant to the Lease as a municipal capital facility; and,
    6. That the Memorandum attached as Attachment No. 1 be made public; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    Carried by Recorded Vote (13:0)

  • (See below recorded vote)

    Recorded Vote (13:0)

    YEAS:

    Councillor Keith Irish, Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (13)

     

     

  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Karen Rea

    That Council consider the matter of "Installation and Operation of Two Seasonal Tennis Bubbles over the Tennis Courts at Reesor Park" immediately following Deputations with respect thereto.

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish

    That the report of the Development Services Public Meeting be received & adopted. (1 item):

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the written submission from Carmina Tupe, BILD regarding the proposed amendments to the Development and Building Fee By-Laws be received; and,
    2. That the Record of the Public Meeting held on December 3, 2019, with respect to the proposed amendments to the Development and Building Fee By-laws be received; and,
    3. That the amendment to By-law 211-83, as amended, "Tariff of Fees for the Processing of Planning Applications," substantially in the form attached as Attachment 'A', be enacted; and,
    4. That By-law 2019-20 as amended be repealed and the attached "By-law respecting Construction, Demolition and Change of Use Permits and Inspections," attached as Attachment 'B', be enacted; and,
    5. That the By-laws come into force and take effect on January 1, 2020; and further,
    6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

    (By-law 2019-136 and 2019-137)

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish

    That the report of the Development Services Committee be received & adopted, save and except for Item No. 8.4.2.

    (See Item 8.4.2 for Council's decision on this matter).

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the report entitled “Approval of the Continuation of the Markham Designated Heritage Property Grant Program, 2020-2022”, dated December 9, 2019, be received; and,
    2. That a by-law be adopted to implement the Markham Designated Heritage Property Grant Program (2020-2022) generally in the form attached as Appendix “C” to this report; and,
    3. That the existing reserve fund entitled “Designated Heritage Property Grant Reserve Fund” continue to be used as the funding source for the program; and,
    4. That the Designated Heritage Property Grant Program be allocated $90,000 in funding for the three year period (2020-2022) from the following sources;
      1. Prior year unused grant funding in the Designated Heritage Property Grant Reserve Fund in the amount of $56,090;
      2. A transfer of $33,910 ($90,000 - $56,090) from the Heritage Loan Reserve Fund, which has a current balance of $160,695; and,
    5. That By-law 175-81, as amended, (A By-law to Establish a Heritage Fund) be amended as per Appendix “D” to this report; and further,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    (By-law 2019-140 and 2019-141)

    Carried

AND FOR DRAFT PLAN OF SUBDIVISION TO CREATE DEVELOPMENT, ROAD, PARK AND OPEN SPACE BLOCKS AT 9999 MARKHAM ROAD (WARD 5) (10.7,10.5)

FILE NOS: ZA/SU 18 180621

Discussion on this matter ensued with respect to a potential transit infrastructure / GO Station in the proposed area of 1B of the Plan. Council consented to hear from Patrick Chan, representing the applicant on this matter.

Note: Staff will report back to the Development Services Committee in May 2020 with respect to the GO station in the proposed project.

  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Andrew Keyes
    1. That the staff report titled “RECOMMENDATION REPORT, Applications for Zoning By-law Amendment to permit mid-rise residential and townhouse development (Phase 1 only) and for Draft Plan of Subdivision to create development, road, park and open space blocks at 9999 Markham Road (Ward 5), File No: ZA/SU 18 180621”, be received; and,
    2. That the record of the Public meeting held on March 26th, 2019 regarding the applications for Zoning By-law Amendment and Draft Plan of Subdivision 19TM-18007, be received; and,
    3. That Council approval of the Zoning By-law Amendment application (ZA 18 180621) for Phase 1 of the development, submitted by 2585231 Ontario Inc. and attached in Appendix ‘A’ be finalized and enacted without further notice; and,
    4. That Council approve the Draft Plan of Subdivision 19TM-18007 (SU 18 180621) submitted by 2585231 Ontario Inc. subject to the conditions attached as Appendix ‘B’; and,
    5. That Council assign servicing allocation for a maximum of 154 townhouses (including stacked townhouses) and 260 apartment units; and,
    6. That Council permit application for minor variances within two (2) years of the proposed amending by-law coming into force, attached as Appendix ‘A’, in accordance with Section 45(1.4) of the Planning Act; and,
    7. That the approval of the zoning by-law amendment and draft plan approval be conditional on the City Solicitor (or her designate) securing the withdrawal of the existing Local Planning Appeal Tribunal appeals related to this property, and, 
    8. That the portion of Phase 1A located between the south boundary of Phase 1B and the north boundary of the identified park block be designated as a new Phase 1C, and that a hold provision be added onto Phases 1B and 1C in the Draft  Zoning By-law, which would not be lifted until the GO Station Feasibility Study is underway, to the satisfaction of the Director of Planning & Urban Design, and further,
    9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    (By-law 2019-139)

    Carried as Amended
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Andrew Keyes

    That the recommendation be amend to include the following:

    "That the portion of Phase 1A located between the south boundary of Phase 1B and the north boundary of the identified park block be designated as a new Phase 1C, and that a hold provision be added onto Phases 1B and 1C in the Draft  Zoning By-law, which would not be lifted until the GO Station Feasibility Study is underway, to the satisfaction of the Director of Planning & Urban Design"

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the report titled, “2020 China Harbin International Winter Cities Conference, January 4-7, 2020” dated December 9, 2019, be received; and,
    2. That the City of Markham be represented by Councillor Alan Ho, Chair of Culture and Economic Development Committee to attend the 2020 China Harbin International Winter Cities Conference in Harbin, China from January 4-7, 2020; and,
    3. That the total cost of the business trip to attend the 2020 China Harbin International Winter Cities Conference in Harbin, China not exceed $5,000.00 and be expensed from the 2020 Economic Alliances account 610-9985812, contingent upon Council approval of the 2020 Operating Budget; and,
    4. That Councillor Alan Ho be requested to provide Development Services Committee with an update on the outcome of the 2020 China Harbin International Winter Cities Conference at a future meeting in 2020; and further,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the report dated December 9, 2019 entitled “ICF Top7 Communities of 2020 Conference in Taoyuan, Taiwan be received; and,
    2. That the City of Markham be represented at the Conference by Chief Information Officer, Nasir Kenea; and,
    3. That the total cost to attend the conference approximately in the amount of $3,000 be funded from the 2020 Operating budget account 400 998 5200; and further,
    4. That staff be requested to provide Development Services Committee with an update on the outcome of the ICF Top7 Communities of 2020 Conference at a future meeting in 2020; 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.

 


  • Moved byCouncillor Karen Rea
    Seconded byRegional Councillor Jim Jones
    1. That the report entitled “8 John Lyons Road Tree Removal Permit” be received for information; and,
    2. That the application to remove one (1) Black Walnut at 8 John Lyons Road, Markham, Ontario, be approved; and,
    3. That upon removal of the subject tree, the applicant shall plant six (6) Black Walnut trees anywhere on 8 John Lyons Road, each replacement tree must have a minimum caliper (diametre) size of 50mm at the time of planting. Alternatively, a cash-in-lieu payment may be made to the City for each Black Walnut tree not planted by the applicant, which will go towards the planting of Black Walnut trees at a location determined by the City, and,
    4. That the recommendation is based on the unique characteristics of this case only and is not intended to be precedent setting nor to be used as a basis for future cases, and further, 
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  • Carried as Amended by Recorded Vote (7:5)
    See below Recorded Vote


    Recorded Vote (7:5)

    YEAS:
    Councillor Alan Ho, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Andrew Keyes (7)

    NAYS:
    Councillor Keith Irish, Councillor Reid McAlpine, Regional Councillor Jack Heath, Councillor Amanda Collucci, Councillor Khalid Usman, (5)

    ABSENT:
    Councillor Isa Lee

     

  • Moved byCouncillor Karen Rea
    Seconded byRegional Councillor Jim Jones

    That Council consider the matter of "Recommendation from the September 13, 2019 Licensing Committee Hearing (8 John Lyons Road)" immediately following the Approval of the Minutes  with respect thereto.

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

    1. That the report entitled “8 John Lyons Road Tree Removal Permit” be received for information; and,
    2. That the application to remove one (1) Black Walnut at 8 John Lyons Road, Markham, Ontario, be denied; and,
    3. That the recommendation is based on the unique characteristics of this case only and is not intended to be precedent setting nor to be used as a basis for future cases, and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

     

Matthew Vetere, Manager, Budgeting, Financial Services, provided a presentation on the 2020 Operating and Capital Budgets.

The Mayor thanked staff and members of the Budget Committee for their hard work on the 2020 Operating and Capital Budgets.

 

  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Andrew Keyes
    1. That the report dated December 20, 2019 titled, “2020 Operating and Capital Budgets” be received; and,
    2. That Council approve a 1.95% property tax rate increase to the City’s tax levy as follows:
      a. 1.45% for day-to-day operations
      b. 0.50% infrastructure investment; and,
    3. That Council approve the 2020 Primary Operating Budget for City services of $240,962,772 which includes the Library budget of $15,241,205, excludes the 2019 surplus/deficit, and reflects a 1.95% property tax rate increase, as detailed in Appendices 1 and 2; and,
    4. That Council approve the remaining 2020 Capital Budget of $86,914,000 for a total of $111,488,000 ($86,914,000 + $24,574,000 pre-approved), as per projects detailed in Appendix 3; and,
    5. That Council authorize Staff to purchase US dollars (USD) for applicable capital budget projects and make any budget adjustments necessary due to a variance between the budgeted USD exchange rate and the actual USD exchange rate at the time the USD are purchased; and,
    6. That Council approve the 2020 Planning & Design Operating Budget totalling $10,568,647, as detailed in Appendix 4; and,
    7. That Council approve the 2020 Engineering Operating Budget totalling $8,787,473, as detailed in Appendix 5; and,
    8. That Council approve the 2020 Building Standards Operating Budget totalling $9,534,885, as detailed in Appendix 6; and,
    9. That Council approve the 2020 Waterworks Operating Budget totalling $140,669,974, (excluding the 2019 surplus/deficit), as detailed in Appendix 7; and,
    10. That upon finalization of the 2019 audited financial statements, 2020 operating budgets be adjusted to reflect 2019 operating results; and,
    11. That a copy of the budgets be made available to the public through the Clerk’s Department, the City website and each of the Markham Public Libraries; and,
    12. That the restated budget included in the “Additional Financial Disclosure Requirements Pursuant to Ontario Regulation 284/09” be adopted; and further,
    13. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  • Carried by Recorded Vote (12:0)

    (See following Recorded Vote)

    Recorded Vote (12:0)

    YEAS:

    Councillor Keith Irish, Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Isa Lee (12)

    ABSENT:

    Councillor Khalid Usman (1)

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Isa Lee
    1. That the report entitled “Award of Tender 209-T-19 Floodlights, Poles and Cross Arms Replacement” be received; and,

    2. That the contract for Tender 209-T-19 Floodlights, Poles and Cross Arms Replacement (Part A: Armadale and Highgate Parks) be awarded to the lowest priced bidder, Nadelec Contracting Inc., in the amount of $388,417.92, inclusive of HST; and,

    3. That the contract for Tender 209-T-19 Floodlights, Poles and Cross Arms Replacement (Part B: Morgan and Bishops Cross Parks) be awarded to the lowest priced bidder, Nadelec Contracting Inc., in the amount of $601,096.32, inclusive of HST; and,

    4. That a 5% contingency in the amount of $49,475.71 ($19,420.90 + $30,058.81) inclusive of HST, be established for each contract 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,

    5. That the estimated costs of $1,038,989.95 ($388,417.92 + $601,096.32 + $49,475.71) be funded from accounts as listed in the Financial Considerations section with budget available of $864,027.00; and,

    6. That the budget shortfall in the amount of $174,962.95 ($864,027.00 - $1,038,989.95) be funded from the Life Cycle Replacement and Capital Reserve; and further,

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

There were no announcements.​​

  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Andrew Keyes

    That By-laws 2019-130 to 2019-137 and 2019-139 to 2019-141 be given three readings and enacted.

    Carried
Three Readings

A By-law to amend By-law 90-81.

(Item 6.2, Communications)

  • Carried

A by-law to adopt an Official Plan Amendment to the in force Official Plan (Revised 2014), as amended, in order to permit the development of a residential high rise building.

(Item 8.1.1, Report No. 44)

  • Carried

A By-law to amend By-law 2150, as amended, and to amend By-law 177-96, as amended, to permit the development of a residential high rise building.

(Item 8.1.1, Report No. 44)

  • Carried

A By-law to amend By-law 177-96, as amended.

  • Carried

A By-law to amend By-law 88-76, as amended, and to amend By-law 177-96, as amended, to permit mid-rise residential and townhouse development.

(Item 8.4.2 Report 47)

  • Carried as Amended
  • Moved byRegional Councillor Jim Jones
    Seconded byDeputy Mayor Don Hamilton

    That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the security of a property of the municipality or local board at 3:07 pm.

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byRegional Councillor Jim Jones

    That Council rise from Confidential session at 3:29 pm and reported out on item 8.2.4.

    (See Item No. 8.2.4 on Council's decision on this matter.)

    Carried
  • Moved byCouncillor Karen Rea
    Seconded byDeputy Mayor Don Hamilton

    That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 6:19 pm:

    14.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 26, 2019 (10.0)


    14.2 COUNCIL

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


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


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


    14.2.4 THE SECURITY OF THE PROPERTY OF THE MUNICIPAL OR LOCAL BOARD (WARD 8) (8.7) [Section 239 (2) (a)]


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


    14.3 GENERAL COMMITTEE - DECEMBER 2, 2019

    14.3.1 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (7.0) (WARDS 3,4,5 & 8) [Section 239 (2) (b)]


    14.3.2 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (7.0) (WARDS 1,2,4,5,6,7 AND 8) [Section 239 (2) (b)]


    14.3.3 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (8.6) (WARD 2, 5 & 8) [Section 239 (2) (c)]


    14.4 DEVELOPMENT SERVICES COMMITTEE - DECEMBER 9, 2019


    14.4.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (10.7, 10.5) [Section 239 (2) (e)]


    14.4.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (8.0) [Section 239 (2) (e)]

     

     

    Carried
  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Alan Ho

    That Council rise from Confidential session at 7:00 pm.

    Carried
  • The Confidential items were approved by Council as follows:

14.1
APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 26, 2019 (10.0)
 

  • Moved byCouncillor Isa Lee
    Seconded byRegional Councillor Joe Li
    1. That the confidential Council minutes of November 26, 2019 be adopted.
    Carried
  • See item No. 8.2.4 for Council's decision on this matter.

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

  • Moved byCouncillor Reid McAlpine
    Seconded byDeputy Mayor Don Hamilton
    1. That the following individuals be appointed to the Cycling & Pedestrian Advisory Committee (CPAC) for the terms noted:

    Name                                         Term Expiry

    Amit Arora                                  November 30, 2023

    Colin Casser                               November 30, 2023

    Mauricio Martinez                       November 30, 2023

    Doug Wolfe                                 November 30, 2023

    Joseph Zerczi                             November 30, 2023

    David Rawcliffe                           November 30, 2021

    Peter Miasek                              November 30, 2021

    Elisabeth Tan                              November 30, 2021

    Anthony Ko                                 November 30, 2021

    Daniel Yeung                              November 30, 2022

    Paul Salvo                                  November 30, 2022

    Gordon Lawson                          November 30, 2022

    Zain Khan                                   November 30, 2022

    and further;

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

    Carried

14.2.2
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [Section 239 (2) (b)]
 

  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    1. That the following persons be appointed to the Property Standards Committee:

    NAME                               TERM EXPIRY

    Ali Chatha                         November 14, 2022
    George Samuels               November 14, 2022
    Darius Sookram                November 14, 2022
    Vivian Wong                      November 14, 2022
    Gilbert Wan                       November 14, 2022

     

    Carried

14.2.3
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE APPOINTMENTS) (16.24) [Section 239 (2) (b)]
 

  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Amanda Collucci
    1. That the Confidential Memorandum entitled “DMC Board of Directors Appointments” dated December 10, 2019 be received; and,
    2. That Council approve a revised Board of Directors composition of twelve (12) Directors, which will now be comprised of six (8) independent Directors and four (4) non-independent Directors (being the Mayor and three (3) members of Council); and,
    3. That Council endorse the appointment of the following eight (8) individuals to serve as independent Directors: Ms. Aarti Patel, Mr. Chuck Thibeault, Mr. David Miller, Mr. Herman Grad, Mr. Hiren Prabhakar, Ms. Kate Seaver, Mr. Shafik Jiwani, Ms. Susan Mandryk and such directors to be duly appointed by Council, at the first Annual General Meeting of the Corporation in early 2020; and further,
    4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

14.2.4
THE SECURITY OF THE PROPERTY OF THE MUNICIPAL OR LOCAL BOARD (WARD 8) (8.7) [Section 239 (2) (a)]
 

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish
    1. That the confidential presentation on the security of the property of municipal or local board (Ward 8), be received, and,
    2. That staff be directed to do all things necessary to give effect to the recommendations in the staff presentation.
    Carried

14.2.5
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) [Section 239 (2) (b) (16.24)
 

  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Alan Ho
    1. That the following individuals be appointed to the Seniors Advisory Committee for the terms noted:

    NAME                                    PROPOSED TERM

                                                     EXPIRY DATE
    Lily Liu                                    November 30, 2022
    Min Jung (Alice) Chao            November 30, 2022
    George George                      November 30, 2022
    Richard Tu                              November 30, 2021
    Ardy Reid                                November 30, 2022
    Javaid Khan                            November 30, 2022
    Patricia Anderson                   November 30, 2021
    Diane Gabay                          November 30, 2021
    Laila Jiwa                               November 30, 2021
    Yash Kapur                            November 30, 2020
    Gail Leet                                November 30, 2020

    and further,


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

    Carried

14.2.6
THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD, REESOR PARK (WARD 4) (6.0) [Section 239 (2) (a)]
 

14.3
GENERAL COMMITTEE - DECEMBER 2, 2019
 

14.3.1
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (7.0) (WARDS 3,4,5 & 8) [Section 239 (2) (b)]
 

General Committee consented to place this item on the December 10, 2019 Council Meeting Confidential Agenda for consideration.  

  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    1. The confidential report entitled “Properties for Tax Sale – Update” be received; and
    2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

14.3.2
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (7.0) (WARDS 1,2,4,5,6,7 AND 8) [Section 239 (2) (b)]
 

General Committee consented to place this item on the December 10, 2019 Council Meeting Confidential Agenda for consideration.  

  • Moved byDeputy Mayor Don Hamilton
    Seconded byRegional Councillor Jim Jones
    1. That the confidential report entitled “Properties Ready for Tax Sale Registration” be received; and,
    2. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

14.3.3
A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (8.6) (WARD 2, 5 & 8) [Section 239 (2) (c)]
 

General Committee consented to place this item on the December 10, 2019 Council Meeting Confidential Agenda for consideration.  

  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Reid McAlpine
    1. That the report entitled “Reporting Out of Real Property Acquisitions” be received; and,
    2. That Staff be authorized and directed to take the actions set out in this report.
    Carried
  • Note: Please see Item 15 for public report.

14.4
DEVELOPMENT SERVICES COMMITTEE - DECEMBER 9, 2019
 

14.4.1
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.
 

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (10.7,10.5) (WARD 5) [Section 239 (2) (e) (f)]

  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Karen Rea
    1. That the Confidential Memorandum be received for information, and,
    2. That the recommendations contained in the public agenda item 8.4.2 be amended to add “That the approval of the zoning by-law amendment and draft plan approval be conditional on the City Solicitor (or her designate) securing the withdrawal of the existing Local Planning Appeal Tribunal appeals related to this property".
    Carried

14.4.2
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (8.0) [Section 239 (2) (e)]
 

Update regarding the City of Vaughan’s Yonge-Steeles Corridor Secondary Plan Appeal and Request for Direction

  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Isa Lee
    1. That the confidential report entitled “Update regarding the City of Vaughan’s Yonge-Steeles Corridor Secondary Plan Local Planning Appeal Tribunal Appeal and Request for Direction” be received; and,
    2. That staff be authorized to do what is necessary to give effect to this resolution.
    Carried

Attached public report for :

14.3.3. A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (8.6) (WARD 2, 5 & 8) [Section 239 (2) (c)]

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That By-law 2019-138 be given three readings and enacted.

    Three Readings

    BY-LAW 2019-138 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 10, 2019.

    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That the Council meeting be adjourned at 7:05 p.m.

    Carried
No Item Selected