Electronic Council Meeting Minutes

Meeting No. 14
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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
  • Arvin Prasad, Commissioner, Development Services
  • Morgan Jones, Commissioner, Community Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Biju Karumanchery, Director, Planning & Urban Design
  • Frank Clarizio, Director, Engineering
  • Joel Lustig, Treasurer
  • Bryan Frois, Chief of Staff
  • Kimberley Kitteringham, City Clerk
  • Martha Pettit, Deputy City Clerk
  • Francesco Santaguida, Assistant City Solicitor
  • Eddy Wu, Director, Environmental Services
  • John Wong, Technology Support Specialist II
  • Hristina Giantsopoulos, Election/Council & Committee Coordinator
  • Daniel Brutto, Senior Planner
  • Darryl Lyons, Manager, Policy
  • Stephen Lue, Manager, Development, Planning & Urban Design
  • Shane Manson, Senior Manager, Revenue & Property Taxation
  • Mary Caputo, Planning and Urban Design
  • Rajeeth Arulanantham, Administrative Assistant, Legislative Services & Communications
  • Claudia Marsales, Senior Manager Waste Management & Environment
  • Juliana Aparicio, Waste Operations Assistant
  • Holena Newton, Water Conservation Program Specialist

Alternate formats for this document are available upon request


The meeting of Council convened at 1:12 PM on September 28, 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.

Mayor Frank Scarpitti advised that September 30 is the first National Day for Truth and Reconciliation, which acknowledges the impacts of the residential school system on generations of Indigenous peoples. September 30 is also Orange Shirt Day and encouraged the community to wear orange to honour the victims and survivors of the residential school system.

The Mayor also recognized Markham athletes who participated in the Summer Olympics and Paralympics in Tokyo and thanked all the athletes and all those who helped the athletes achieve their goals.

Councillor Isa Lee declared a conflict of interest with respect to Item 14.2.1 "Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose; OLT Appeal 28 Main Street, Unionville", as her sister-in-law is employed by the applicant of the project. Councillor Lee left the confidential meeting session and did not take part in the discussion or vote on this matter.

 

 

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish
    1. That the Minutes of the July 27, 2021 Council meeting and the August 26, 2021 Special Council Meeting, be adopted.
    Carried

The following staff from the Waste Management Division were recognized by Council for the 2021 PJ Marshall Innovation Award:

  • Morgan Jones, Commissioner, Community Services
  • Eddy Wu, Director, Environmental Services
  • Claudia Marsales, Senior Manager, Waste and Environmental Management
  • Michael DiPasquale, Supervisor, Waste Management
  • Juliana Aparicio, Waste Operations Assistant, Environmental Services
  • Kimberley Dunsmoor, Supervisor, Waste Diversion Programs
  • Holena Newton, Water Conservation Program Specialist
  • Farid Parhami, The Recycle People

The Mayor also recognized Regional Councillor Jack Heath, Chair of the Waste Diversion Committee and members of the Committee, Regional Councillor Joe Li, Councillor Reid McAlpine, Councillor Khalid Usman and Valerie Burke for their work.

 

 

 

There were no deputations.

(New liquor licence for indoor and outdoor areas)

  • Moved byCouncillor Alan Ho
    Seconded byRegional Councillor Jim Jones
    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
    Carried

(New liquor licence for indoor and outdoor areas)

  • Moved byCouncillor Alan Ho
    Seconded byRegional Councillor Jim Jones
    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 Alan Ho
    Seconded byRegional Councillor Jim Jones
    1. That the request for the City of Markham for a Special Occasion Permit be received and approved, subject to compliance with all applicable by-laws, regulations and City requirements for special occasion permits with respect to temporary facilities, and further;
    2. That the City of Markham recognize the Gravel Run for Lyme charity event as an event of "Municipal Significance".
    Carried

(New liquor licence for indoor and outdoor areas)

  • Moved byCouncillor Alan Ho
    Seconded byRegional Councillor Jim Jones
    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 byRegional Councillor Jim Jones
    Seconded byCouncillor Reid McAlpine
    1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
      1. Pulmonary Fibrosis Awareness Month - September 2021
      2. Public-Rail Safety Week - September 20-26, 2021
      3. Show Your Local Love Day - September 23, 2021
      4. Franco-Ontarian Day - September 25, 2021
      5. Dyslexia Awareness Month - October 2021
      6. Rett Syndrome Awareness Month - October 2021
      7. Child Care Worker and Early Childhood Educator Appreciation Day - October 21, 2021
    2. That the following new requests 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. Up Your Life Day - September 10, 2021
      2. International Peace Day - September 21-28, 2021
      3. National Day of Truth and Reconciliation - September 30, 2021
      4. Orange Shirt Day - September 30, 2021
    3. That the following new requests for proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
      1. Andre De Grasse Day - August 4, 2021
      2. Jayde Riviere Day - August 6, 2021
      3. Steven Stamkos Day - August 28, 2021
      4. Zachary Gingras Day - August 31, 2021
      5. Marissa Papaconstantinou Day - September 3, 2021
    4. That the following request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes:
      1. Franco-Ontarian Day - September 25, 2021; (Organized by L'Association des Francophone de la region de York)
    5. That the following request for flag to be flown at half-mast at all municipal facilities, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes:
      1. National Day of Truth and Reconciliation - September 30, 2021; (Organized by The City of Markham)
    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes

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

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    1. That the Report for the Cancellation, Reduction or Refund of Taxes under Sections 357 and 358 of the Municipal Act, 2001 be received; and,
    2. That taxes totalling approximately $539,344 be adjusted under Section 357 and 358 of the Municipal Act, 2001 of which the City’s portion is estimated to be $41,040; and,
    3. That the associated interest be cancelled in proportion to the tax adjustments; and,
    4. That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,
    5. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    1. That the report entitled “Markham Village & Unionville Areas Flood Control Feasibility Study Completion” be received; and,
    2. That Council endorse the recommended solution including Sewer Upgrades, Flow Diversions, and System Optimization identified in the Markham Village & Unionville Areas Flood Control Feasibility Study; and,
    3. That Staff expand the current watercourse inspection maintenance program to include priority watercourses for debris identification/ blockage removal in 2022;
    4. That a follow up presentation and summary be provided at the upcoming General Committee meeting on October 18, 2021; and further,
    5. 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 presentation titled “2021 Asset Management Plan (AMP) Endorsement” be received; and,
    2. That Council endorse the 2021 Asset Management Plan (AMP) and adopt the proposed asset management strategy and framework; and further,
    3. 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. (1 Item):

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish

    Whereas the owner of 233 Main Street has constructed a 60 foot by 80 foot concrete outdoor hockey/multi-purpose sports pad and is retroactively seeking a Heritage Permit to retain it; and,

    Whereas the owner of 233 Main Street has indicated an intention to construct an accessory building and has constructed a concrete base of 30.33 square meters for it and has applied for a Heritage Permit for its retention and construction of the building; and,

    Whereas 233 Main Street is individually designated under the Ontario Heritage Act and located within the Unionville Heritage Conservation District; and,  

    Whereas 233 Main Street is governed by a Heritage Easement Agreement with the City that requires City approval for an owner to undertake certain works on the property; and,

    Whereas the Heritage Markham Advisory Committee has indicated that it does not support the Heritage Permit application for 233 Main Street and recommended refusal of the Heritage Permit; and,

    Whereas the owner has illegally removed a number of mature trees from the property and has altered the grading and topography of the property without supporting studies or permission from the City;

     

    Now therefore be it resolved:

     

    1. That the report titled “Application for a Heritage Permit to address Heritage Easement Agreement requirements to permit a rear yard sports pad and accessory building, 233 Main Street, Unionville, Ward 3”, dated September 27, 2021, be received; and,
    2. That the written submissions by Shanta Sundarson, Randy and Nancy Holmes, David Tang, Jeffrey Smith, Jianfeng Kuang, Martin Ross, Margaret Hough and Jean-Pierre Gagnon, Unionville Residents Association, and Sam Markovski, regarding the Application for a Heritage Permit to address Heritage Easement Agreement Requirements to Permit a Rear Yard Sports Pad and Accessory Building, 233 Main Street, Unionville, Ward 3, be received for information purposes: and,
    3. That the deputations by Jean-Pierre Gagnon, Nancy Homes, Grant Aitken, and Michael Gannon regarding the Application for a Heritage Permit to address Heritage Easement Agreement Requirements to Permit a Rear Yard Sports Pad and Accessory Building, 233 Main Street, Unionville, Ward 3, be received for information purposes; and, 
    4. That the legal advice from the City Solicitor be received; and,
    5. That the application for a Heritage Permit pursuant to the Heritage Act and the Heritage Easement Agreement for 233 Main Street to allow for the retention of an outdoor concrete hockey/multi-purpose sports pad be denied; and,
    6. That the application for a Heritage Permit to construct an accessory building with a concrete base of 30.33 square meters be denied; and,
    7. That staff be authorized to seek restoration of the property to the original state to the satisfaction of the City, and if necessary, utilize the legal processes available to the City as deemed necessary and to the satisfaction of the City Solicitor.
    Carried

​There were no motions.

​​There were no notices of motions.

  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Karen Rea
    1. That the rules of procedure be waived in order to add an item of new business regarding property standards enforcement mechanisms.
    Carried by Two Thirds Vote
  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Amanda Collucci
    1. That the notice of proposed sale for the City owned lands legally described as Units 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 43, Level A, York Region Standard Condominium Plan No. 1198, City of Markham, be confirmed.

    (In-Camera Item No. 14.2.1, June 8, 2021 Council Meeting)

    Carried
  • Moved byCouncillor Reid McAlpine
    Seconded byRegional Councillor Jack Heath
    1. That staff be directed to report back to the Development Services Committee in the first quarter of 2022 on what mechanisms the City currently has at its disposal or needs to have in the future to better enforce the City’s desired property standards as a result of the excavation of property and/or the alteration of property grading and drainage; and,
    2. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

There were no announcements.​​

  • Moved byCouncillor Alan Ho
    Seconded byCouncillor Khalid Usman

    That By-laws 2021-67 to 2021-73 be given three readings and enacted.

    Carried
Three Readings

To amend Schedule C of the Parking By-law pertaining to “Prohibited Parking” (65M-4364).

  • Carried

To establish a maximum speed limit of 40 kilometres per hour on specific streets within the City of Markham (65M-4364).

  • Carried

To add compulsory stops at specific intersections within the City of Markham (65M-4364).

  • Carried

(Shady Oaks Avenue, Autumn Glow Drive, William Forster, Sunnyside Hill Road, Webb Street, Windyton Avenue, Rossmore Drive, Portia Street, Rexford Drive, Benton Drive, Bloom Street, Marbles Lane (both portions) and Bellevue Lane (5 Portions), and the Lanes (namely Blocks 173 to 183, inclusive)

  • Carried

A by-law to designate a property as being of Cultural Heritage Value or Interest - Thomas Frisby Jr. House

(Item No. 8.4.1, Report 22, June 29, 2021 Council meeting)

  • Carried
  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Andrew Keyes

    That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 1:52 PM:

    14.1     COUNCIL

    14.1.1  APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JULY 27, 2021 AND AUGUST 26, 2021 SPECIAL COUNCIL MEETING (10.0)

    14.1.2  LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD [Section 239 (2) (e)] AND
    ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE - OLT APPEAL ANGUS GLEN SECONDARY PLAN [Section 239 (2) (f)] (8.0)

    14.2     DEVELOPMENT SERVICES COMMITTEE

    14.2.1  LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; OLT APPEAL OLT APPEAL 28 MAIN STREET UNIONVILLE (8.0) [SECTION 239 (2) (f)] 

    14.2.2  LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – OLT APPEAL YONGE CORRIDOR AND YONGE STEELES SECONDARY PLAN (8.0) [Section 239 (2) (e)]

    14.2.3  LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; HERITAGE EASEMENT (16.11) [SECTION 239 (2) (f)] 

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Amanda Collucci

    That Council rise from Confidential session at 4:13 PM

    Carried
  • The following Confidential items were approved by Council:

     

14.1.1
APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JULY 27, 2021 AND AUGUST 26, 2021 SPECIAL COUNCIL MEETING (10.0)
 

  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Alan Ho
    1. That the confidential Council minutes of July 27, 2021 Council meeting and the August 26, 2021 Special Council Meeting, be adopted.
    Carried

14.1.2
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD [Section 239 (2) (e)]
 

  • AND ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE - OLT APPEAL ANGUS GLEN SECONDARY PLAN [Section 239 (2) (f)] (8.0)

  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Karen Rea
    1. That the Confidential Report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose; be received; and,
    2. That the City Solicitor and Staff be directed to attend the Ontario Land Tribunal appeal related to the Angus Glen Secondary Plan in opposition to the appeal, based on the matters set out in this report; and further,
    3. That staff be authorized and directed to do all things necessary to give effect to these resolutions.
    Carried

14.2
DEVELOPMENT SERVICES COMMITTEE
 

14.2.1
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND
 

  • ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; OLT APPEAL OLT APPEAL 28 MAIN STREET UNIONVILLE (8.0) [SECTION 239 (2) (f)] 

  • Councillor Isa Lee declared a conflict of interest and advised that her sister-in-law is employed by the applicant of the project. Councillor Lee left the confidential meeting session and did not take part in the discussion or vote on this matter.

     

     

  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Khalid Usman
    1. That the Confidential Report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose; OLT Appeal 28 Main Street Unionville be received; and,
    2. That Staff be authorized and directed to take the actions as given at the September 28, 2021 Council meeting.

    (Carried by Recorded Vote) (9:3)

    (See following for Recorded Vote)

  • Recorded Vote (9:3):

    YEAS: Councillor Alan Ho, Councillor Karen Rea, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, (9)

    NAYS:  Councillor Keith Irish, Councillor Reid McAlpine, Deputy Mayor Don Hamilton, (3)

    CONFLICT:  Councillor Isa Lee (1)

14.2.2
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – OLT APPEAL YONGE CORRIDOR AND YONGE STEELES SECONDARY PLAN (8.0) [Section 239 (2) (e)]
 

  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Jim Jones
    1. That the Confidential Report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board – OLT Appeal Yonge Corridor and Yonge Steeles Secondary Plan, be received; and,
    2. That Staff be authorized and directed to take the actions set out in this report.
    Carried

14.2.3
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND
 

  • Moved byCouncillor Reid McAlpine
    Seconded byDeputy Mayor Don Hamilton
    1. That the confidential memorandum dated September 27, 2021 on Application For A Heritage Permit To Address Heritage Easement Agreement, Requirements To Permit A Rear Yard Sports Pad And Accessory Building, 233, Main Street, Unionville, Ward 3, be received; and,
    2. That staff be authorized as directed at the September 27, 2021 Development Services Committee meeting.
    Carried
  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Khalid Usman

    That By-law 2021-74 be given three readings and enacted.

    Three Readings

    BY-LAW 2021-74 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF --SEPTEMBER 28, 2021.

    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That the Council meeting be adjourned at 4:22 p.m.

    Carried