Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 9

Tuesday, June 08, 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
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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 26, 2021

• 1. That the Minutes of the Council Meeting held on May 26 2021, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

5.1

DEPUTATION - RECOMMENDATION FROM THE MAY 20, 2021 LICENSING COMMITTEE HEARING (64 TOMLINSON CRES) (2.0)

William Sylvester will address Council on this matter.

(Item No. 11.1, New/ Other Business)

6.

COMMUNICATIONS

6.1

7-2021 LIQUOR LICENCE APPLICATION - PHO TIME AUTHENTIC VIETNAMESE EATERY (WARD 2) (3.21)

(New liquor licence for indoor areas)

• 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

8-2021 LIQUOR LICENCE APPLICATION - ALA KITCHEN SHANGHAI RESTAURANT (WARD 8) (3.21)

(New liquor licence for indoor areas)

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

7.

PROCLAMATIONS

7.1

PROCLAMATIONS (3.4)

• 1. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. Brain Injury Awareness Month - June 2021

8.

REPORT OF STANDING COMMITTEE

8.1

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):

8.1.1

INFORMATION REPORT - SUSTAINABILITY METRICS PROGRAM (10.0)

• 1. That the Information Report dated May 25, 2021 titled “Information Report, Sustainability Metrics” be received; and,
  2. That the Sustainability Metrics – Final Report, prepared by Morrison Hershfield, attached as Appendix 1, be endorsed in principle subject to further consultation with development industry stakeholders; and,
  3. That Staff report back to Development Services Committee with final recommendations on an implementation framework to integrate the Sustainability Metrics with the planning and development application process; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

UPDATED CONCEPTUAL DRAFT MASTER PLAN FOR CELEBRATION PARK (6.3)

• 1. That the report dated May 25, 2021 to Development Services Committee, titled ‘Updated Conceptual Draft Master Plan for Celebration Park ' be received; and,
  2. That Council receive and authorize the ‘Updated Conceptual Draft Master Plan for Celebration Park’ which captures changes to the design scope as recommended within the Integrated Leisure Masterplan; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 18 - GENERAL COMMITTEE (MAY 31, 2021)

Please refer to your May 31, 2021 General Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 4):

8.2.1

MERCHANT SERVICES CONTRACT (7.12)

• 1. That the report entitled “Merchant Services Contract” be received; and,
  2. That the contract for payment services be awarded to the lowest priced respondent, Global Payment Solutions; and,
  3. That staff be authorized to enter into a Merchant Services Agreement with Global Payment Solutions for a five year term; May 1, 2021 – April 30, 2026; AND,
  4. That the total cost of the merchant fees, hardware, support and maintenance fees for the four year term in the estimated amount of $2,133,235 be funded from the existing departmental credit card accounts, subject to Council approval of the 2021 - 2026 operating budgets in the amount of:
     • 2021: $142,216 (May 1 – December 31)
     • 2022: $426,647
     • 2023: $426,647
     • 2024: $426,647
     • 2025: $426,647
     • 2026: $284,431 (January 1 - April 30)
     • Term Total: $2,133.235 and,
  5. That the Treasurer be authorized to extend the contract for Merchant Services for an additional five (5) year period, May 1, 2026 – April 30, 2031, subject to the approval of the annual operating budget, performance and mutually agreed upon fees by both parties; and further,
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

STATUS OF CAPITAL PROJECTS AS OF MARCH 2021 (7.5)

• 1. That the report dated May 31, 2021 titled “Status of Capital Projects as of March 31, 2021” be received; and,
  2. That the Projects Completed within Scope with Surplus Funds and the Projects Completed within Scope without Surplus Funds, as identified on Exhibit B, be approved for closure and funds in the amount of $4,146,732 be transferred to the original sources of funding as identified on Exhibit B; and
  3. That the Projects Closed and Deferred to a Future Year and the Projects Closed and Not or Partially Initiated, as identified on Exhibit C, be approved for closure and funds in the amount of $2,275,999 be transferred to the original sources of funding as identified in Exhibit C; and
  4. That the surplus funds of $828,276 from open capital projects be returned to the original sources of funding as identified on Exhibit D; and
  5. That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $394,580 to the approved amount of $250,000; and,
  6. That the Engineering Capital Contingency Project be topped up from the Development Charges - City-Wide Hard Reserve by $30,409 to the approved amount of $100,000; and,
  7. That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $1,482,623 to the approved amount of $100,000; and,
  8. That the Planning Capital Contingency Project be topped up from the Development Charges – City-Wide Soft Reserve by $32,191 to the approved amount of $50,000; and,
  9. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $20,910 to the approved amount of $100,000; and,
  10. That the additional funding, for LPAT - Growth Related Hearings (Project 19021), in the amount of $818,186, to be funded $181,000 from Development Charges – City-Wide Hard Reserve, $573,467.40 from Development Charges – City-Wide Soft Reserve and $63,718.60 from Development Fee Reserve; and,
  11. That the funding sources for the following projects be changed:
      1. Box Grove Community Park - Construction (Project 20024): Additional funding, in the amount of $147,095.40, funded from the Design Capital Contingency Account be returned to the Development Charges – Parks Development Reserve and replaced with funding from Parks Cash-in-Lieu; and,
      2. Aaniin Public Art (Project 13500): Additional funding, in the amount of $254,481, funded from the Non-DC Capital Contingency be returned to the Life Cycle Replacement and Capital Reserve Fund and replaced with funding from the Public Art Acquisition Reserve Fund; and,
      3. Land Acquisition 55 Parkway Avenue (Project 16291): Additional funding, in the amount of $42,576, funded from the Non-DC Capital Contingency be returned to the Life Cycle Replacement and Capital Reserve Fund and replaced with funding from the Land Acquisition Reserve; and,
      4. Parking Lots - Rehabilitation (Project 21113): Funding in the amount of $678,900 be changed from Gas Tax to the Life Cycle Replacement and Capital Reserve Fund; and,
      5. Boulevard Repairs (Project 21102): Funding in the amount of $58,400 be changed from Gas Tax to the Life Cycle Replacement and Capital Reserve Fund; and,
  12. That a new capital project named, “Markham Senior Centre Asphalt Replacement” be set up in the amount of $82,219 and be funded from the Life Cycle Replacement and Capital Reserve Fund; and
  13. That Council approve delegated authority for the Treasurer and/or CAO to adjust the funding source for projects charged to the contingency project when appropriate, and report on these decisions as part of subsequent Status of Capital Projects reports to Council; and further,
  14. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

WIDE AREA NETWORK (WAN) CONNECTIVITY SERVICES (7.9)

• 1. That the report entitled “Contract Award for Wide Area Network (WAN) Connectivity Services” be received; and,
  2. That the contract Wide Area Network (WAN) Connectivity Services (One time - for network installation) (Recurring - WAN connectivity services) be awarded to YorkNet in the amount of $3,628,268 ($3,240,726 + $387,542) inclusive of HST impact; and,
  3. That the capital costs be funded from a new Capital account to be established and called “ITS – WAN Infrastructure”, in the amount of $387,542 inclusive of HST impact; and,
  4. That the new Capital account be funded from the Facility Ramp-up Reserve, in the amount of $387,542 inclusive of HST impact; and,
  5. That the contract for WAN connectivity services costs for 10 years be awarded to YorkNet in the amount of $3,240,726 inclusive of HST(specific to 10GB) and be funded from 400-400-5108 with a current annual budget of $261,259, and subject to Council approval of the 2023-2032 operating budgets in the amounts of:
     1. Year 1 (2023) - $ 295,959 *
     2. Year 2 (2024) - $ 301,869 *
     3. Year 3 (2025) - $ 307,914 *
     4. Year 4 (2026) - $ 314,092 *
     5. Year 5 (2027) - $ 320,361 *
     6. Year 6 (2028) - $ 326,763 *
     7. Year 7 (2029) - $ 333,300 *
     8. Year 8 (2030) - $ 339,972 *
     9. Year 9 (2031) - $ 346,778 *
     10. Year 10 (2032) - $ 353,718 *
         • Total - $3,240,726
         • Rates will be adjusted annually to the Consumer Price Index (Toronto All-Items) or 2%, whichever is the greater.  The table above assumes 2% escalation.
  6. That the tendering process be waived in accordance with Purchasing Bylaw 2017-8, Part II, Section 11.1 (g) which states “where it is in the City’s best interest not to solicit a competitive Bid;” and Section 11.2 (c) ‘Where Quotations may not be required for goods and services when provided by “Provincial and Federal government agencies or Crown corporations; and,
  7. That the Chief Administrative Officer and Commissioner, Corporate Services be authorized execute any required documentation in a form satisfactory to the City Solicitor; and,
  8. That YorkNet be designated as the preferred vendor for the City’s Wide Area Network (WAN) Connectivity Services needs at the sole discretion of the City and YorkNet WAN connectivity services for the term of this contract; and,
  9. That the Chief Administrative Officer and Commissioner, Corporate Services be authorized to approve any new purchases related to this contract needed due to growth and/or future Wide Area Network (WAN) Connectivity Services upgrades due to change in technology related to the project during the term of this contract, subject to the Expenditure Control Policy and budget approval, in a form satisfactory to the City Solicitor and at the sole discretion of the City; and further,
  10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

MINUTES AND NOTES OF THE FEBRUARY 22, 2021 AND MARCH 15, 2021 ADVISORY COMMITTEE ON ACCESSIBILITY (16.0)

• 1. That the minutes and notes of the February 22, 2021 and March 15, 2021 Advisory Committee on Accessibility meetings be received for information purposes; and,
  2. That the Advisory Committee on Accessibility expresses to Council that it looks forward to continuously working with staff and Members of Council on the Markham Civic Centre Audit and on future accessibility related audits.

8.3

REPORT NO. 19 - DEVELOPMENT SERVICES COMMITTEE (JUNE 8, 2021)

Please refer to your June 8, 2021 Development Services Committee Agenda for reports.

• That the report of the Development Services Committee be received & adopted. (Items 1 to 4):

8.3.1

DESIGNATED PROPERTY GRANT APPLICATIONS -2021 (16.11)

• 1. That the report entitled “Designated Heritage Property Grant Applications -2021”, dated June 7 2021, be received; and,
  2. That Designated Heritage Property Grants for 2021 be approved in the amounts noted for the following properties, totaling $29,999.99, provided that the applicants comply with eligibility requirements of the program; and,
     1. 32 Washington Street, Markham Village-up to $3,332.67, for replacement of existing aluminium storm windows with traditional wooden storm windows and reconditioning of the existing historic wooden window;
     2. 36 Church Street, Markham Village- up to $3,686.58 for the reconditioning and restoration of the historic wooden board and batten siding;
     3. 33 Dickon Hill Road, Dickson Hill-up to $5,000.00 for the reconditioning/restoration of the existing historic wooden 6 over 6 windows;
     4. 99 Thoroughbred Way, Markham-up to $3,686.58 for the restoration and selective replacement of damaged wooden clapboard siding;
     5. 11172 Warden Avenue, Markham-up to $3,686.58 for repointing and repairs to the stone foundation and historic brick walls and buttresses;
     6. 188 Main Street, Unionville-up to $1,921.00 for the production of traditional wooden storm windows to fit the arched window openings;
     7. 123 Main Street, Unionville-up to $5,000.00 for the repair and replacement of the front veranda floor deck, veranda post trims and the re-puttying and painting of historic storm windows;
     8. 26 Colborne St., Thornhill-up to $3,686.58 for the removal of later wooden cove siding and restoration of the underlying historic wooden clapboard siding; and,
  3. That the grant request to fund repairs to the south facing reproduction veranda of 1 Millbrook Gate which is not visible from the public realm be denied; and,
  4. That the grants be funded through the Designated Heritage Property Grant Project Fund , Account 620-101-5699-21010 ($30,000.00 available for 2021); and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.2

COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM FOR 2021

• 1. That the report entitled “Commercial Façade Improvement Grant Program for 2021”, dated June 7, 2021 be received; and,
  2. That the $10,000.00 2021 Budget for the City of Markham Commercial Façade Improvement Program be topped up to $30,607.50 by utilizing unused funds of $13,107.50 from the 2019 and 2020 Commercial Façade Improvement Grant Programs (Accounts 620-101-5699-19015 and 620-101-5699-20018 respectively) and $7,500.00 from the 2019 Designated Heritage Property Grant Program (Account 620-101-5699-19015); and,
  3. That the recommended grants be awarded proportionally based on the $30,607.50 worth of funding available for 2021; and,
  4. That Council supports a grant for the proposed new awning at 139 Main St. Unionville subject to the applicant obtaining a Building/Heritage permit for the proposed work (up to a maximum of $2,885.63); and,
  5. That Council supports a grant for the replacement of the existing rotten wooden board and batten siding of the roof dormers at 157 Main St. Unionville with an appropriate aluminium siding selective repair subject to the applicant obtaining a Building/Heritage permit for the proposed work (up to a maximum of $4,620.31); and,
  6. That Council supports a grant for the selective repair and repainting of the wooden board and batten siding at 205 Main St. Unionville subject to the applicant obtaining a Heritage Permit for the proposed work (up to a maximum of $4,620.31); and,
  7. That Council supports a grant for the completed installation of a new cedar shingle roof at 206 Main St. Unionville (up to a maximum of $13,860.94); and,
  8. That Council supports a grant for the repair and repainting of the exterior 209 Main Street Unionville subject to the property being brought into compliance with the City’s Sign By-law and the applicant obtaining a Heritage Permit for the proposed work (up to a maximum of $4,620.31); and further,
  9. That staff be authorized and directed to do all things necessary to give effect to this resolution.

      

8.3.3

HERITAGE EASEMENT AGREEMENT TEMPORARY RELOCATION OF HERITAGE DWELLING (ARTHUR WEGG HOUSE), 10537 KENNEDY ROAD, WARD 6 (16.11.3)

• 1. That the staff report titled “Heritage Easement Agreement , Temporary Relocation of Heritage Dwelling (Arthur Wegg House), 10537 Kennedy Road, Ward 6”, dated June 7, 2021, be received; and,
  2. That a by-law be passed to authorize the Mayor and Clerk to execute a Heritage Easement Agreement with the property owners of the Arthur Wegg House, and any other documents required to give effect thereto, in a form satisfactory to the City Solicitor in support of the temporary relocation of the building; and,
  3. That Council has no objection to the temporary relocation of the Arthur Wegg House to facilitate grading work in support of the future development of the property; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2021-39)

8.3.4

RECOMMENDATION REPORT GARDEN HOMES (MARKHAM) INC. 73 MAIN ST. S. PROPOSED DRAFT PLAN OF SUBDIVISION 19TM-17005 TO PERMIT 13 TOWNHOUSE DWELLINGS AND A DETACHED DWELLING (WARD 4) FILE SU 17 157341 (10.7)

• 1. That the report dated June 7, 2021, titled “RECOMMENDATION REPORT, Garden Homes (Markham) Inc., 73 Main St. S., Proposed Draft Plan of Subdivision 19TM-17005 to permit 13 townhouse dwellings and a detached dwelling, (Ward 4), File SU 17 157341”, be received; and,
  2. That Council direct the Director of Planning and Urban Design, or his designate, to issue draft plan of subdivision approval for 19TM-17005, subject to the conditions set out in Appendix ‘B’ to this report, as may be amended by the Director of Planning and Urban Design, and further subject to confirmation that the Local Planning Appeal Tribunal has approved the Official Plan and Zoning By-law amendments and approved in principle the Site Plan Control application; and,
  3. That the draft plan of subdivision approval for Plan of Subdivision 19TM-17005 will lapse after a period of three (3) years from the date of Council approval in the event that a subdivision agreement is not executed within that period; and,
  4. That Council assign servicing allocation for up to 14 dwellings; and,
  5. That Engineering Staff be requested to monitor the intersection at Mill Street and Main Street Markham South and report back on the matter at a future Development Services Committee meeting; and further,
  6. 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

RECOMMENDATION FROM THE MAY 20, 2021 LICENSING COMMITTEE HEARING (64 TOMLINSON CRES) (2.0)

No Attachment

• That the following recommendation of the Licensing Committee from the Hearing held on May 20, 2021, be approved and adopted:

  1. That the application to remove one Blue Spruce tree at 64 Tomlinson Cres, Markham, be approved; and,
  2. That the applicant provide for three (3) replacement trees on the property of 64 Tomlinson Cres, or on any other private property in Markham in a size and native species deemed appropriate by staff, or provide a cash-in-lieu payment of $300.00 per tree; and further,
  3. That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

• That By-law 2021-37 and 2021-39 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2021-37  ROAD DEDICATION BY-LAW (DANCER LANE, LANE, PROSPECTOR'S DRIVE)

A by-law to dedicate certain lands as part of the highways of the City of Markham:

• Block 137, Plan 65M-3114 - Dancer’s Drive
• Block 138, Plan 65M-3114 - Lane
• Block 162, Plan 65M-3114 - Prospector’s Drive
• Block 163, Plan 65M-3114 - Lane

13.2

BY-LAW 2021-39 A BY-LAW TO AUTHORIZE THE EXECUTION OF HERITAGE EASEMENT AGREEMENTS - KENNEDY MM MARKHAM LTD., 10537 KENNEDY ROAD

(Item No. 8.3.3, Report 19)

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 26, 2021 (16.0)

14.1.2

APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.24) [SECTION 239 (2)(b)]

14.2

GENERAL COMMITTEE - MAY 31, 2021

14.2.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING CITY OR LOCAL BOARD EMPLOYEES (WARD 4 AND 8); (7.3) [Section 239 (2) (b)]

14.2.2

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING CITY OR LOCAL BOARD EMPLOYEES (WARDS 1,2,34,5,6,7 AND 8) (7.3) [Section 239 (2) (b)]

14.2.3

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD (WARD 1, 2); [Section 239 (2)(c)]

14.2.4

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; (3.0) [Section 239 (2)] (k)

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2021-38 be given three readings and enacted.

  Three Readings

  BY-LAW 2021-38 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE 8, 2021.
  No attachment

16.

ADJOURNMENT