Council Meeting Minutes

Meeting Number: 7

Wednesday, February 22, 2023 at 1:00 P.m. - 4:30 P.m.

Live streamed

Roll Call

• Mayor Frank Scarpitti
• Deputy Mayor Michael Chan
• Regional Councillor Jim Jones
• Regional Councillor Joe Li
• Regional Councillor Alan Ho
• Councillor Keith Irish
• Councillor Ritch Lau
• Councillor Reid McAlpine
• Councillor Karen Rea
• Councillor Andrew Keyes
• Councillor Amanda Collucci
• Councillor Juanita Nathan
• Councillor Isa Lee

Staff

• Andy Taylor, Chief Administrative Officer
• Trinela Cane, Commissioner, Corporate Services
• Arvin Prasad, Commissioner, Development Services
• Eddy Wu, Director, Environmental Services
• Claudia Storto, City Solicitor and Director of Human Resources
• Alice Lam, Acting Commissioner, Community Services
• Giulio Cescato, Director, Planning & Urban Design
• Frank Clarizio, Director, Engineering
• Bryan Frois, Manager, Executive Operations & Strategic Initiatives
• Mark Visser, Acting Treasurer
• Kimberley Kitteringham, City Clerk
• Martha Pettit, Deputy City Clerk
• John Wong, Technology Support Specialist II
• Hristina Giantsopoulos, Election/Council & Committee Coordinator
• Regan Hutcheson, Manager, Heritage
• Stephanie DiPerna, Director, Building Standards

​Alternate formats for this document are available upon request

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1.

CALL TO ORDER

The meeting of Council convened at 1:06 PM on February 22, 2023. Mayor Frank Scarpitti presided.

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging the traditional territories of Indigenous peoples and their commitment to stewardship of the land. We acknowledge the communities in circle. The North, West, South and Eastern directions, and Haudenosaunee, Huron- Wendat, Anishnabeg, Seneca, Chippewa, and the Mississaugas of the Credit peoples. We share the responsibility with the caretakers of this land to ensure the dish is never empty and to restore relationships that are based on peace, friendship, and trust. We are committed to reconciliation, partnership and enhanced understanding.

2.

DISCLOSURE OF PECUNIARY INTEREST

There were no disclosures of pecuniary interest. 

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - FEBRUARY 8, 2023

• Moved by Deputy Mayor Michael Chan
  Seconded by Regional Councillor Joe Li
  1. That the Minutes of the Council Meeting held on February 8, 2023, be adopted.
  Carried

4.

PRESENTATIONS

There were no presentations.

5.

DEPUTATIONS

There were no deputations.

6.

COMMUNICATIONS

6.1

2-2023 LIQUOR LICENCE APPLICATION - PIG AND CHICK KOREAN RESTAURANT (WARD 3) (3.21)

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Karen Rea
  1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
  Carried

7.

PROCLAMATIONS

There were no proclamations.

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 7 GENERAL COMMITTEE (FEBRUARY 21, 2023)

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan

  That the report of the General Committee be received & adopted. (Items 1 to 2):

  Carried

8.1.1

299-T-22 WEST THORNHILL PHASE 4B - STORM SEWERS REPLACEMENT

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan
  1. That the report entitled “299-T-22 West Thornhill – Phase 4B Storm Sewer Upgrades” be received; and,
  2. That the contract for West Thornhill – Phase 4B Storm Sewer Upgrades be awarded to the lowest priced Bidder, GFL Infrastructure Group in the amount of $8,503,297.26, inclusive of HST; and,
  3. That a 10% contingency in the amount of $850,329.73. inclusive of HST, be established to cover any additional construction costs and that authorization to approve expenditures of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That the construction award in the amount of $9,353,626.98 ($8,503,297.26 + $850,329.73) be funded from the account 058-6150-23029-005 “West Thornhill Flood Control Implementation - Phase 4B Construction”; as outlined under the financial considerations section in this report; and,
  5. That the remaining funds from this tender relating to project #23029 “West Thornhill Flood Control Implementation - Phase 4B Construction” in the amount $4,077,728.02 be returned to the Stormwater Fee Reserve; and,
  6. That a 5-year moratorium be placed on any major servicing and utility installation along restored areas of the following streets:
     1. Romfield Circuit (from Stornoway Cres to Kindale Way);
     2. Stornoway Crescent (from Romfield Circuit to House # 30 Stornoway Crescent);
     3. Baymark Road (from Romfield Circuit to Hester Court);
     4. Fleance Drive (from Baymark Road to 160m east);
     5. Dunsinane Drive (from Baymark Road to 42m east);
     6. Rothsay Road (from Baymark Road to 20m east); and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.1.2

A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BE APPLIED TO ANY NEGOTIATIONS CARRIED ON OR TO BE CARRIED ON BY OR ON BEHALF OF THE MUNICIPALITY OR LOCAL BOARD; (8.0) [SECTION 239 (2) (k)]

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan
  1. That the update on the status of the MZO and proposed amendment for the property known municipally as 36 Apple Creek Boulevard and 8885 Woodbine Avenue be received; and,
  2. That the Director of Planning and Urban Design be directed to write to the Province to seek clarity on the designs being proposed as part of the amendment to the MZO for the property known municipally as 36 Apple Creek Boulevard and 8885 Woodbine Avenue; and,
  3. That the Director of Planning and Urban Design engage with the Province on a protocol for informing senior staff and Council of proposed amendments to an MZO and report back to Council on those discussions; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

   

   

  Carried

9.

MOTIONS

There were no motions.

10.

NOTICE OF MOTION TO RECONSIDER

There were no notices of motion to reconsider.

11.

NEW/OTHER BUSINESS

11.1

2023 WATER/WASTEWATER RATE REPORT (16.0)

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Isa Lee
  1. That the minutes from the February 13th, 2023 Water/Wastewater Rate Public Consultation meeting be received; and,
  2. That the 2023 City of Markham’s (“City”) water/wastewater rate be increased by 3.8% or $0.1774/m3 from $4.6163/m3 to $4.7937/m3 effective April 1, 2023; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

11.2

3-2023 REMOVAL OF HERITAGE DESIGNATION BY-LAW ON PROPERTY TO BE CONVEYED TO THE YORK REGION, 7739 9th LINE, BOX GROVE COMMUNITY 

• Moved by Councillor Juanita Nathan
  Seconded by Councillor Karen Rea
  1. That the designation By-law 2020-67 be amended by removing it from the lands to be dedicated to York Region, identified as Parts 1 and 4 on the attached Site Plan, as required in the condition for consent application File CNST 21 135584; and, 
  2. That staff be authorized and directed to do all things necessary to give effect to the former resolution.
  Carried

11.3

4-2023 PARTIAL REMOVAL OF MODERN CONSTRUCTION ON A PROPERTY DESIGNATED UNDER PART IV OF THEONTARIO HERITAGE ACT, 11172 WARDEN AVE., THE CLAYTON SCHOOLHOUSE

• Moved by Councillor Amanda Collucci
  Seconded by Councillor Reid McAlpine
  1. That the February 16, 2023, memorandum titled, “Partial Demolition of Modern Construction Components on a Property Designated under Part IV of the Ontario Heritage Act, 11127 Warden Avenue, Former Clayton Schoolhouse”, be received; and,
  2. That Council has no objection to the removal of non-heritage construction damaged by fire at 11172 Warden Ave; and,
  3. That as per the recommendation of both Heritage Markham and City staff, the historic solid brick walls of the former Clayton Schoolhouse be protected from the elements and temporarily stabilized, in consultation with City staff, so that the historic building may be restored; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to the former resolution.
  Carried

11.4

COUNCIL APPOINTMENTS TO ADVISORY COMMITTEES AND BOARDS (ABCS)

• Moved by Regional Councillor Joe Li
  Seconded by Regional Councillor Alan Ho
  1. That the following Councillors be appointed to Markham Advisory Boards and Committees for the 2022-2026 Term:

  Advisory Committee on Accessibility

  Regional Councillor Alan Ho

  Councillor Ritch Lau

  Box Grove Community Centre Board

  Councillor Juanita Nathan

  Canada Day Celebration Organizing Committee

  Mayor Frank Scarpitti

  Councillor Amanda Collucci

  Cedar Grove Community Centre Board

  Councillor Juanita Nathan

  Cycling & Pedestrian Advisory Committee

  Councillor Reid McAlpine

  Councillor Ritch Lau

  Doors Open Markham Organizing Committee

  Regional Councillor Allan Ho

  Councillor Reid McAlpine

  Environmental Advisory Committee

  Councillor Amanda Collucci

  Councillor Ritch Lau

  Flato Markham Theatre Advisory Board

  Regional Councillor Jim Jones

  Friends of the Markham Museum Board

  Councillor Andrew Keyes

  Councillor Karen Rea

  German Mills Community Centre Board

  Councillor Keith Irish

  German Mills Meadow & Natural Habitat Liaison Committee

  Councillor Keith Irish

  Heintzman House Community Centre Board

  Councillor Keith Irish

  Heritage Markham Committee

  Councillor Keith Irish

  Councillor Reid McAlpine

  Councillor Karen Rea

  Markham-Milliken Children’s Festival Organizing Committee

  Councillor Juanita Nathan

  Councillor Isa Lee

  Markham Village Train Station Community Centre Board

  Councillor Karen Rea

  Mayor’s Youth Council

  Councillor Isa Lee

  Councillor Juanita Nathan

  Public Library Board

  Deputy Mayor Michael Chan

  Councillor Ritch Lau

   

  Race Relations Committee

  Councillor Juanita Nathan

  Varley-McKay Art Foundation of Markham

  Deputy Mayor Michael Chan

  Councillor Reid McAlpine

  Victoria Square Community Centre Board

  Councillor Ritch Lau

  and,

  2. That the following Councillors be appointed to Markham Business Improvement Areas (BIAs) for the 2022-2026 Term; and,

  Markham Village Business Improvement Area (MVBIA)

  Councillor Karen Rea

  Unionville Business Improvement Area (UBIA)

  Deputy Mayor Michael Chan

  Councillor Reid McAlpine

  and,

  3. That the Terms of Reference for the following Committees be revised to specify a quarterly meeting schedule: Advisory Committee on Accessibility, Cycling & Pedestrian Advisory Committee, Environmental Advisory Committee, and Race Relations Committee; and,
  4. That the Terms of Reference for the German Mills Meadow & Natural Habitat Liaison Committee be revised to specify one annual meeting; and,
  5. That the Terms of Reference for all Markham Advisory Boards and Committees noted in clauses 1 and 2 be updated to reflect the number of Council appointments; and,
  6. That the following Councillors be appointed to Markham Corporations for the 2022-2026 Term;

  Destination Markham Corporation (DMC)

  Mayor Frank Scarpitti

  Deputy Mayor Michael Chan (*appointed on February 8, 2023)

  Councillor Amanda Collucci

  Councillor Andrew Keyes

  Councillor Isa Lee

  Markham Enterprises Corporation (MEC)

  All Members of Council

  Regional Councillor Jim Jones (Chair)

  Councillor Amanda Collucci (Vice-Chair)

  and,

  7. That the following Committees be dissolved and that Council extend its sincere thanks to all citizen appointees and City staff liaisons of these Committees for their previous contributions to Markham;

   Animal Care Committee

  In lieu of this Committee, the City will host an annual public roundtable to solicit public opinion regarding Animal Care issues.

  Appointment Committee

  Not required at this time.

  Development Charges Committee

  Any issues that arise relative to this matter will be dealt with by General Committee (Budget Sub-Committee).

   Fire Response Task Force

  Not required at this time.

  Markham Sports Hall of Fame Committee

  Not required at this time.

  Rouge Park Implementation Task Force

  Not required at this time.

  Seniors Advisory Committee

  In lieu of this Committee, the City will invite the board members of local seniors clubs to attend an annual roundtable to provide public input on Senior’s issues.

  Storm Water Management Liaison Committee

  Not required at this time.

  Waste Diversion Committee

  Any issues that arise will be addressed at General Committee (Environmental & Sustainability Section).

  and further,

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

11.5

COUNCIL APPOINTMENT TO TRCA REGIONAL WATERSHED ALLIANCE SUB-COMMITTEE APPOINTMENT

• Moved by Councillor Amanda Collucci
  Seconded by Councillor Ritch Lau
  1. That Councillor Reid McAlpine be appointed as the City of Markham’s representative to the Toronto and Region Conservation Authority’s (TRCA) Regional Watershed Alliance Sub-Committee.
  Carried

12.

ANNOUNCEMENTS

There were no announcements.

13.

BY-LAWS - THREE READINGS

Council consented to defer By-law 2023-47 to the next Council meeting.

• Moved by Councillor Ritch Lau
  Seconded by Councillor Isa Lee

  That By-laws 2023-37 to 2023-46 and 2023-48 to 2023-49 be given three readings and enacted.

  Carried

Three Readings

13.1

BY-LAW 2023-37 A BY-LAW TO AMEND BY-LAW 2002-276

A By-law to amend By-law No. 2002-276, being a by-law to impose fees or charges for services or activities provided or done by the City of Markham.

• Carried

13.2

BY-LAW 2023-38 A BY-LAW TO AMEND BY-LAW 304-87

A By-law to amend By-law 304-87, as amended.

• Carried

13.3

BY-LAW 2023-39 AN AMENDMENT TO BY-LAW 2023-19

An Amendment to By-law 2023-19, being a By-law to provide for the Delegation of Approval Authority pursuant to the Planning Act and Condominium Act.

• Carried

13.4

BY-LAW 2023-40 A BY-LAW TO ESTABLISH STREETS LAID ACCORDING TO PLAN OF SUBDIVISION

A by-law to establish streets laid out according to Plan of Subdivision 65M-4367 as a public highway Part of East ¾ of Lot 18, Concession 7 (2162246 Ontario Inc.) City of Markham, Regional Municipality of York.

• Carried

13.5

BY-LAW 2023-41 A BY-LAW TO ESTABLISH STREETS LAID ACCORDING TO PLAN OF SUBDIVISION

A by-law to establish streets laid out according to Plan of Subdivision 65M-4621 as a public highway Part of Lot 19, Concession 6 (Kalexia Developments Corp.) City of Markham, Regional Municipality of York.

• Carried

13.6

BY-LAW 2023-42 TO AMEND BY-LAW 2005-188

To add “prohibited parking” at specific intersections within the City of Markham. 

• Carried

13.7

BY-LAW 2023-43 A BY-LAW TO AMEND BY-LAW 2017-104

To authorize speed limits at specific intersections within the City of Markham.

• Carried

13.8

BY-LAW 2023-44 A BY-LAW TO AMEND BY-LAW 2005-188

To add “prohibited parking” at specific intersections within the City of Markham. 

• Carried

13.9

BY-LAW 2023-45 A BY-LAW TO AMEND BY-LAW 2005-188

To authorize speed limits at specific intersections within the City of Markham. 

• Carried

13.10

BY-LAW 2023-46 A BY-LAW TO AMEND BY-LAW 2005-188

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

• Carried

13.11

BY-LAW 2023-47 A BY-LAW TO AMEND BY-LAW 2005-188

To add “prohibited parking” at specific intersections within the City of Markham. 

• Deferred

13.12

BY-LAW 2023-48 A BY-LAW TO AMEND BY-LAW 2017-104

To authorize speed limits at specific intersections within the City of Markham.

• Carried

13.13

BY-LAW 2023-49  A BY-LAW TO AMEND STOP BY-LAW 106-71

To add “compulsory stop signs” at specific intersections within the City of Markham. 

• Carried

14.

CONFIDENTIAL ITEMS

Council consented to not go into private session to consider the following matters:

14.1

COUNCIL

14.1.1

CONFIDENTIAL COUNCIL MINUTES - FEBRUARY 8, 2023 (16.0) [Section 239 (2) (a)(b)(c)(e)(f)(h)]

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Keith Irish
  1. That the confidential Council minutes of the Council Meeting held on February 8, 2023, be adopted.
  Carried

14.2

REPORT FROM GENERAL COMMITTEE - FEBRUARY 21, 2023

14.2.1

A PROPOSED OR PENDING ACQUISITION ORDISPOSITION OF LAND BY THE CITYOR LOCAL BOARD; (8.6) [SECTION 239 (2) (c)]

• Moved by Councillor Keith Irish
  Seconded by Councillor Isa Lee
  1. That the confidential report entitled “Reporting Out of Real Property Acquisitions – 7755 Bayview Avenue and 120 South Town Centre Boulevard” be received; and, 
  2. That the foregoing resolutions and this report be reported out in the public Council meeting on this date.
  Carried
• Note: Please see Item 15.1 for public report.
• Moved by Councillor Juanita Nathan
  Seconded by Regional Councillor Joe Li

  That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matter at 2:02 pm:

  Carried

14.2.2

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; (8.0) [SECTION 239(2) (f)]

15.

REPORTING OUT OF CONFIDENTIAL REPORT

Attached public report for:

15.1

3.2.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; (8.6) [SECTION 239 (2) (c) ]

16.

CONFIRMATORY BY-LAW - THREE READINGS

• Moved by Councillor Ritch Lau
  Seconded by Councillor Juanita Nathan

  That By-law 2023-36 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-36 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 22, 2023.
  No attachment

  Carried

17.

ADJOURNMENT

• Moved by Councillor Isa Lee
  Seconded by Councillor Keith Irish

  That the Council meeting be adjourned at 3:04 PM.

  Carried