Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 8

Wednesday, May 26, 2021 at 1:00 P.m. - 4:30 P.m.

Live streamed

Note: Due to COVID-19, our facilities are closed to the public. Access is not permitted to the Markham Civic Centre and Council Chamber.

Members of the public can participate by:

 

1. VIEWING THE ONLINE LIVESTREAM
Council meetings are video and audio streamed at: https://pub-markham.escribemeetings.com/

 

2. EMAILING A WRITTEN SUBMISSION:

Members of the public may submit written deputations by email to [email protected].  Written submissions must be received by 10:00 a.m. on Council meeting day.

1. If the deadline for written submission has passed, you may:
   1. Email your written submission directly to Members of Council; or
   2. Make a virtual deputation at the meeting by completing and submitting an online Request to Speak Form

2. If the deadline for written submission has passed and Council has finished debate on the item at the meeting, you may email your written submission directly to Members of Council.

 

3. REQUEST TO SPEAK / VIRTUAL DEPUTATION :

Members of the public who wish to make a live virtual deputation, please register prior to the start of the meeting by: 

1. Completing an online Request to Speak Form , or,
2. E-mail [email protected] providing full name, contact information and item they wish to speak, or,
3. If you do not have access to email, contact the Clerk's office at 905-479-7760 on the day of the meeting.

*If Council or Committee has finished debate at the meeting on the item, you may email your written submission directly to Members of Council.

The list of Members of Council is available online at this link.

 

​Alternate formats for this document are available upon request.

Closed captioning during the video stream may be turned on by clicking the [cc] icon located at the lower right corner of the video screen.

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

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1.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - MAY 4, 2021

• 1. That the Minutes of the Council Meeting held on May 4, 2021, be adopted.

4.

PRESENTATIONS

4.1

CANADIAN ASSOCIATION OF MUNICIPAL ADMINISTRATORS (CAMA) AWARD OF EXCELLENCE AND LEADERSHIP  (12.2.6)

Brenda Orchard, CAMA Board Member, will be in attendance for the presentation.

The following staff will be in attendance to be recognized by Council on the Canadian Association of Municipal Administrators (CAMA) Award of Excellence and Leadership for the "Taking the Lead" - Markham Targets Single-Use Plastics Initiative.

• Eddy Wu, Director, Environmental Services
• 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

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

5-2021 LIQUOR LICENCE APPLICATION -  2528095 ONTARIO INC. (WARD 7) (3.21)

• 1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

6.2

6-2021 MEMORANDUM - 274-R-20  INTEGRITY COMMISSIONER SERVICES FOR CITY COUNCIL (16.23)

Note: At the April 26, 2021 General Committee Meeting, Committee requested that staff provide additional information.

• 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)

7.

PROCLAMATIONS

7.1

PROCLAMATIONS (3.4)

No Attachment

• 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

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 14 - GENERAL COMMITTEE (APRIL 26, 2021)

Please refer to your April 26, 2021 General Committee Agenda for reports.

Mayor and Members of Council:

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

8.1.1

274-R-20 INTEGRITY COMMISSIONER SERVICES FOR CITY COUNCIL

• 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.

8.2

REPORT NO. 16 - GENERAL COMMITTEE (MAY 10, 2021)

Please refer to your May 10, 2021 General Committee Agenda for reports.

Mayor and Members of Council:

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

8.2.1

2021 TAX RATES AND LEVY BY-LAW (7.3)

• 1. That the report dated May 10^th, 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)

8.2.2

THE MECP – MARKHAM DISTRIBUTION SYSTEM – DRINKING WATER INSPECTION REPORT, FEBRUARY 03, 2021 (5.3)

• 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.

8.2.3

OPERATIONS WINTER MAINTENANCE UPDATES (5.10)

• 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.

8.3

REPORT NO. 17 - DEVELOPMENT SERVICES COMMITTEE (MAY 25, 2021)

Please refer to your May 25, 2021 Development Services Committee Agenda for reports.

Mayor and Members of Council:

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

8.3.1

RECOMMENDATIONS REGARDING REFERRED MARKHAM EMPLOYMENT CONVERSION REQUESTS – 2041 REGIONAL MUNICIPAL COMPREHENSIVE REVIEW (10.0)

• 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.

8.3.2

127-S-21 VICTORIA SQUARE BOULEVARD RECONSTRUCTION PHASE 1 (UTILITY BUDGET REQUEST AND AWARD) (5.0, 7.0)

• 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.

   

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

NEW/OTHER BUSINESS

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

11.1

NEW/ OTHER BUSINESS - DECLARATION OF SURPLUS LANDS – 0 UNITY GARDENS

• 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)

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

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

Three Readings

13.1

BY-LAW 2021-34 2021 TAX RATES AND LEVY BY-LAW

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.

13.2

BY-LAW 2021-35 A BY-LAW TO TO AMEND BYLAW 2018-77 (BEING A BY-LAW TO ADDRESS IN-FILL CONSTRUCTION ACTIVITIES)

14.

CONFIDENTIAL ITEMS

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

14.1

COUNCIL

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)] 

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

14.3

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

15.

CONFIRMATORY BY-LAW - THREE READINGS

• 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.
  No attachment

16.

ADJOURNMENT