Electronic Council Meeting Minutes

Meeting No. 8
-
Live streamed
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
  • Morgan Jones, Commissioner of Community Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Adam Grant, Fire Chief
  • Biju Karumanchery, Acting Commissioner, Development Services
  • Joel Lustig, Treasurer
  • Bryan Frois, Chief of Staff
  • Meg West, Manager of Business Planning and Projects
  • Kimberley Kitteringham, City Clerk
  • Martha Pettit, Deputy City Clerk
  • Francesco Santaguida, Assistant City Solicitor
  • Terence Tang, Technology Support Specialist II
  • Hristina Giantsopoulos, Election/Council & Committee Coordinator
  • Eddy Wu, Director, Environmental Services
  • Claudia Marsales, Senior Manager Waste Management & Environment
  • Michael Dipasquale, Supervisor, Waste Management
  • Margaret Wouters, Senior Manager, Policy & Research
  • Alex Moore, Senior Manager, Procurement & Accounts Payable
  • Shane Manson, Senior Manager, Revenue & Property Taxation

Alternate formats for this document are available upon request


The meeting of Council convened at 1:09 PM on May 26, 2021 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 recognized the passing of former Ward 8 Councillor Alex Chiu and all the accomplishments he achieved during his 33 years of municipal service on Markham City Council. A virtual condolence book is available online for the public at https://yourvoicemarkham.ca/virtual-condolence-book-alex-chiu


A moment of silence was observed.

 

 

  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Karen Rea
    1. That the Minutes of the Council Meeting held on May 4, 2021, be adopted.
    Carried

Brenda Orchard, CAMA Board Member, was in attendance and presented the Canadian Association of Municipal Administrators (CAMA) Environment Award of Excellence and Leadership for the "Taking the Lead" - Markham Targets Single-Use Plastics Initiative (Over 100,000 Population Category).

The following staff were recognized by Council on this initiative:

  • Eddy Wu, Director, Environmental Service
  • Claudia Marsales, Senior Manager, Waste and Environmental Services
  • Michael DiPasquale, Supervisor, Waste Management
  • Juliana Aparicio, Waste Operations Assistant, Environmental Services
  • Kimberley Dunsmoor, Supervisor, Waste Diversion Programs
  • Holena Newton, Water Conservation Program Specialist

On behalf of Council, Mayor Scarpitti recognized the efforts of all City staff and Markham residents in achieving this success.

  • Moved byRegional Councillor Joe Li
    Seconded byRegional Councillor Jack Heath
    1. That the Canadian Association of Municipal Administrators (CAMA) Award of Excellence and Leadership for the "Taking the Lead" - Markham Targets Single-Use Plastics Initiative, be received.
    2.  
    Carried

The Mayor acknowledged Corporate awards the City received from the International Association of Business Communicators (IABC) and thanked the teams involved in the 2018 Municipal Elections for winning the IABC - Gold Quill Award; and the Corporate Communications team for winning the IABC Toronto Awards for the "COVID 19" and "Protect Your Pipes! F.O.G. Clogs" campaigns.

  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Keith Irish
    1. That the International Association of Business Communicators Gold Quill Award for the 2018 Municipal Elections campaign; be received; and,
    2. That the International Association of Business Communicators Toronto Awards for the "COVID 19" and "Protect Your Pipes! F.O.G. Clogs" campaigns, be received.
    Carried

There were no deputations.​​

  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Khalid Usman
    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
    Carried
  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Khalid Usman
    1. That the memo dated May 26, 2021 from Kimberley Kitteringham, City Clerk and Martha Pettit, Deputy Clerk on "274-R-20 Integrity Commissioner Services for City Council"; be received.

    (See Item 8.1.1, Report No. 14 for Council's decision on this matter.)

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Isa Lee
    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. Indigenous Peoples History Month - June 2021
      2. Indigenous People Day - June 21, 2021
      3. National Injury Prevention Day - July 5, 2021
    2. That the following new request for proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received and added to the Five-Year Proclamations List approved by Council:
      1. Menstrual Health Day - May 28, 2021
    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Khalid Usman

    That the report of the General Committee be received & adopted. (1 Item only):

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Khalid Usman
    1. That the report entitled “Integrity Commissioner Services for City Council” be received; and,
    2. That staff provide a memorandum for the May 26, 2021 Council meeting on "274-R-20 Integrity Commissioner Services for City Council"; providing additional information regarding:
      1. The options available for the provision of Integrity Commissioner (IC) Services in Ontario; and,
      2. The expertise of ADR Chambers and the process they will undertake when reviewing complaints received regarding potential contraventions of Markham’s Code of Conduct; and,

    3. That the contract for 274-R-20 Integrity Commissioner Services for City Council be awarded to the highest ranked/lowest priced bidder, ADR Chambers Inc. for a term of five (5) years in an annual retainer amount of $17,299.20 inclusive of HST; and,
      • July 2021-June 2022 - $17,299.20
      • July 2022-June 2023 - $17,299.20
      • July 2023-June 2024 - $17,299.20
      • July 2024-June 2025 - $17,299.20
      • July 2025-June 2026 - $17,299.20

         

      • Total $86,496.00

         

    4. That staff be authorized to issue an additional purchase order to ADR Chambers Inc. in an annual amount of $6,023.80 to be utilized for investigations, additional meetings, workshops, and presentations on an as required basis; and,
    5. That the contract include an option for the City (in its sole discretion) to extend the contract for up to five (5) one (1) year terms, subject to a CPI increase (all-item Ontario) to a maximum of 2%; and,
    6. That the Commissioner, Corporate Services be authorized to exercise this option to extend the contract for such additional one (1) year terms on behalf of the City and execute any required documentation in a form satisfactory to the City Solicitor; and,
    7. That the contract be funded from the 840-841-7899 (Integrity Commissioner) in the amount of $23,323.00 ($17,299.00 + $6,023.80) and any future years be subject to Council approval of the annual operating budget;
    8. That this item be placed on the May 26, 2021Council Meeting Agenda; and, 
    9. That a Council workshop be arranged in the Fall; 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 Amanda Collucci

    That the report of the General Committee be received & adopted. (Items 1 to 3):

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Amanda Collucci
    1. That the report dated May 10th, 2021 entitled “2021 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 $765,868,900 required by the City of Markham, the Regional Municipality of York, Province of Ontario (Education) 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 2021, as set out as follows, be approved; and,

    TAX LEVYING BODY

    2021 TAX LEVY AMOUNT

    City of Markham

    $164,739,938

    Region of York

    $350,366,218

    Province of Ontario (Education)

    $250,387,964

    Markham Village BIA

    $160,559

    Unionville BIA

    $214,221

    Total

    $765,868,900

     

    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 2021 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 2021-34)

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Amanda Collucci
    1. That the report entitled “The MECP – Markham Distribution System – Drinking Water Inspection Report, February 03, 2021” be received; and further, 
    2. 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 Amanda Collucci
    1. That the report titled “Operations Winter Maintenance Updates” be received; and,
    2. That the existing practice for not clearing snow on non-asphalt pathways be continued; and,
    3. That the staff recommendations for the 2021 – 2022 winter season for park pathway clearing be adopted; and,
    4. That the estimated cost of $121,711.29 for clearing pathways City-wide be funded from the existing 2021-2022 winter maintenance operating budget; and,
    5. That the staff recommendations for the development of 3-4 potential key skating surfaces throughout the City at an estimated one-time cost of $27,624.00 to be funded from the existing 2021-2022 Parks Facility Maintenance operating budget be adopted; and, 
    6. That staff review an increased level of service and costs for secondary roads and local roads, a reduction in the speed limit on these roads and an update on the sidewalk completion project; and,
    7. That staff prepare a memo that provides an outline of pathway maintenance similar to that of sidewalk maintenance, the maintenance of narrow sidewalks, a listing of all City pathways, and a review for an additional outdoor ice-skating surface at Aaniin Community Centre or  Milliken Mills Community Centre; and further, 
    8. 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

    That the report of the Development Services Committee be received & adopted. (Items 1 and 2):

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the report entitled “Recommendations Regarding Referred Markham Employment Conversion Requests – 2041 Regional Municipal Comprehensive Review ” dated May 25, 2021 be received; and,
    2. That Markham Council support the request by 1628740 Ontario Inc and 1628741 Ontario Inc (Tucciarone) (M3) to convert the 1.0 hectare lands at 2718 and 2730 Elgin Mills Road, and Parts 2 and 6, Plan 65R-37723 from employment area to non-employment area uses, and that the lands not be mapped as employment area in the Regional Official Plan; and,
    3. That Markham Council not support the request by Markham Woodmills Developments (Smart Centres) (M8) to convert 1.9 hectares of their lands at the northeast corner of Highway 404 and Elgin Mills Road from employment area to non-employment area uses and that the lands be mapped as employment area in the Regional Official Plan; and,
    4. That Markham Council not support the request by the Wemat Group (M11) to convert 17.1 hectares at the southwest corner of Highway 404 and Highway 7 from employment area to non-employment area uses as part of the current municipal comprehensive review, and that the lands be mapped as employment area in the Regional Official Plan; and,
    5. That Markham Council request the Region to continue to defer a decision on the request by Cornell Rouge Development Corporation, Varlese Brothers et al to convert 17.9 hectares north of Highway 7 and west of Reesor Rd (M4), and the request by Norfinch Group (M7) to convert 0.75 hectares at the southwest corner of Highway 7 and Reesor Road from employment area to non-employment area uses until, at latest, the release of the draft Regional Official Plan; and,
    6. That Markham Council request Regional Council to initiate the next municipal comprehensive review no later than 3 years following adoption of the new Regional Official Plan; and,
    7. That this staff report be forwarded to York Region as the City of Markham’s recommendations on the employment conversion requests referred back to Markham by Regional Council on October 22, 2020; and further,
    8. 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 entitled “127-S-21 Victoria Square Boulevard Reconstruction Phase 1 (Utility Budget Request and Award)” be received; and,
    2. That staff be authorized to issue purchase orders to the various utility companies (Alectra, Rogers Cable Communications Inc., Bell Canada, and Enbridge Gas Distribution Inc.) as identified in the financial consideration section, for the relocation of their facilities in the amount of $717,281.71, inclusive of HST; and,
    3. That a 10% contingency in the amount of $71,728.17, inclusive of HST, be established to cover any additional costs to deliver the utility relocation work for Phase 1, and that authorization to approve expenditures of this contingency amount up to the specified limit, be in accordance with the Expenditure Control Policy; and,
    4. That the tendering process for the relocation of existing utilities for Victoria Square Boulevard (Phase 1) project be waived, in accordance with Purchasing By-Law 2017-8, Part II, Section 11.2, Non-Competitive Procurement which states “Request for Tenders, Requests for Proposals and Requests for Quotations may not be required for goods and services to be provided by (a) Hydro Electric Corporations and (b) Utilities”; and,
    5. That the Engineering Department Capital Administration Fee in the amount of $89,327.69, inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and,
    6. That a new 2021 Engineering Capital Budget (Victoria Square Boulevard – Phase 1 Utility Relocation) be created for the utility relocation work for Phase 1 of the Victoria Square Boulevard reconstruction Project, in the amount of $878,337.57, inclusive of HST, and to be funded from the Citywide Hard Development Charges 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 motions.

There were no notices of motion to reconsider.

  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Alan Ho
    1. That the notice of proposed sale for the City owned lands legally described as PT LT 2 PL 2196 Markham, designated as Parts 15 and 16, Plan 65R-31952; S/T Ease Over PTS 2 & 3 PL 65R27668, as in YR623430(Partially released BY YR1946337 & YR1962278), S/T Ease as in YR1657121.; City of Markham, be confirmed.

    (In-Camera Item No. 14.3.1, December 10, 2019 Council Meeting)

    Carried

Council consented to add the following item to the agenda.


Regional Councillor Jack Heath raised concerns related to grass maintenance on City and Region boulevards. Morgan Jones, Commissioner, Community Services, gave a brief overview of the on the City's process and policy on grass cutting on City boulevards. An update will be provided to Members of Council.

Council consented to add the following item to the agenda.


Regional Councillor Heath inquired when the last road assessment was conducted and requested for an update on the status of City roads. Morgan Jones, Commissioner, Community Services, advised that the City’s overall road network is in good condition and will provide an update of the Road Rehabilitation Program inclusive of current Pavement Condition Indexing this fall.

 

There were no announcements.

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Amanda Collucci

    That By-laws 2021-34 to 2021-35 be given three readings and enacted.

    Carried
Three Readings

Being a by-law to provide for the levy and collection of sums required by The Corporation of the City of Markham for the year 2021 and to provide for the mailing of notices requiring payment of taxes for the year 2021.

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

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

    14.1     COUNCIL

    14.1.1       COUNCIL CONFIDENTIAL MINUTES - MAY 4, 2021 (16.0) [ Section 239 (2) (f)]

    14.1.2       APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES - APPOINTMENT OF MEMBER TO THE UNIONVILLE BUSINESS IMPROVEMENT AREA (UBIA) (16.24) [SECTION 239 (2)(b)]

    14.1.3       ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; (10-20 FINCHAM AVENUE) (8.0) [Section 239 (2) (f)]

    14.2     GENERAL COMMITTEE (MAY 10, 2021)

    14.2.1       A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD (WARD 7) (8.6) [Section 239 (2) (c)] 

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

    Carried
  • That Council rise from Confidential session at 3:36 PM

  • The following Confidential items were approved by Council:

14.1.1
COUNCIL CONFIDENTIAL MINUTES - MAY 4, 2021 (16.0) [ Section 239 (2) (f)]
 

  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Alan Ho
    1. That the confidential Council minutes dated May 4, 2021 be confirmed.
    Carried

14.1.2
APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES - APPOINTMENT OF MEMBER TO THE UNIONVILLE BUSINESS IMPROVEMENT AREA (UBIA) (16.24) [SECTION 239 (2)(b)]
 

  • Moved byCouncillor Reid McAlpine
    Seconded byRegional Councillor Jim Jones
    1. That the letter from the Main Street Unionville Business Improvement Area (UBIA) Board Executives dated February 22, 2021 be received; and,
    2. That the letter from Sylvia Morris dated February 22, 2021 be received; and further,
    3. That Council appoint Sylvia Morris as a Director of the Board of Management for the Main Street UBIA with a term expiry of November 14, 2022.
    Carried

14.1.3
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; (10-20 FINCHAM AVENUE) (8.0) [Section 239 (2) (f)]
 

  • Moved byCouncillor Karen Rea
    Seconded byRegional Councillor Jack Heath
    1. That the confidential update regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (10-20 Fincham Avenue), be received.
    Carried

14.2
GENERAL COMMITTEE (MAY 10, 2021)
 

14.2.1
A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD (WARD 7) (8.6) [Section 239 (2) (c)] 
 

The Committee consented to forward this item to the May 26, 2021 Confidential Council Meeting Agenda for consideration. 

  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Andrew Keyes
    1. That the confidential report and the confidential update memo regarding a proposed or pending acquisition or disposition of land by the city or local board (Ward 7), be received; and,
    2. That Staff be authorized and directed to take the actions set out in this report.
    Carried

14.3
A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD (8.6) [Section 239 (2) (c)] 
 

  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Andrew Keyes
    1. That the confidential memo dated May 26, 2021 on a proposed or pending acquisition or disposition of land by the city or local board, be received, and;
    2. That staff be authorized and directed to take the actions during the confidential session on this date.
    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho

    That By-law 2021-36 be given three readings and enacted.

    Three Readings

    BY-LAW 2021-36 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 26, 2021.

    Carried
  • Moved by: All Members of Council

    Seconded by: All Members of Council

    That the Council meeting be adjourned at 3:39 p.m.

    Carried
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